In the recent case of Estonian Performers Union (EEL) v vs. MTÜ Urban Style, the Estonian Supreme Court examined the circumstances that should be taken into account in determining the amount of the equitable remuneration that phonogram producers and performers are entitled to claim if a phonogram published for commercial purposes or a reproduction thereof…
On December 17, 2021, in a big win for electronic dance music (EDM) artists, the Dutch Supreme Court held that DJs own phonographic rights (neighbouring rights) in their home-produced recordings – not the record labels that commercially release them. The decision comes in a long-running dispute between world-famous Dutch DJ and EDM artist Martin Garrix…
On 29 July the Court of Justice of the European Union (CJEU) finally rendered its long-awaited judgment in Case C-476/17, Pelham v Hütter and Schneider-Esleben., together with its judgments on two other cases: Case C-516/17, Spiegel Online GmbH v Volker Beck and Case C-469/17, Funke Medien NRW GmbH v Bundesrepublik Deutschland. All three cases are…
The right to exploit a recording “in the form of a phonogram published for commercial purposes”, includes the right to exploit it not only in the form of a tangible medium, such as a vinyl record or a CD, but also in the form of a downloadable digital file. The judgement of 11 September 2013…
On 15 March 2012 the CJEU has ruled two cases where it had been asked to decide whether producers of phonograms (or the collecting society on their behalf) are entitled to obtain equitable remuneration when a user allows its clients to hear the phonogram by way of background music in a place subject to his…
