Royalties

Belgium, CJEU, Collective management

(Crowell & Moring LLP and UCLouvain - Saint Louis Bruxelles) and (Crowell & Moring, Brussels)/ /Leave a comment

Background On 8 September 2022, the Brussels court of appeal delivered a long-awaited judgment in a case between the collective management organisation “Belgian Association of Authors, Composers and Publishers” (“SABAM”) and a wide array of music festival organisers in Belgium, the overarching Federation of Music Festivals in Flanders (“FMFF”) and British direct licensing company Pace…

Collective management, Contract, European Union, Italy, Remuneration (equitable)

(Luiss Guido Carli University)/ /2 Comments

The removal of SIAE’s repertoire from Meta’s social networks “This song is currently unavailable” or “The audio track in your reel is no longer available. You can replace the audio track once, which will also remove any original audio in your reel”. These are some of the messages appearing on Instagram or Facebook to users…

Collective management, Communication (right of), France, Legislative process, Reproduction (right of)

(REALEX)/ /Leave a comment

A new French Law provides that search engines using thumbnails will have to pay royalties via a compulsory collective management for the reproduction of photographs and images. The French Act No. 2016-925 of 7 July 2016 on freedom of creation, architecture and cultural heritage contains several provisions on copyright that modify the intellectual property Code…

Case Law, Collective management, United Kingdom

, (Bristows LLP)/ /Leave a comment

What is an appropriate royalty for a broadcaster to pay for the right to include music in its broadcasts?  This is a question the UK Copyright Tribunal considered recently in a rather dry but comprehensive decision. The decision was under Section 126 of the Copyright, Designs and Patents Act 1988 (“CDPA”) relating to a dispute…

Case Law, CJEU, European Union, Remuneration (equitable), Transfer (of right)

(REALEX)/ /Leave a comment

An auction house may transfer the responsibility of paying the artist’s ‘droit de suite’ from the seller to the buyer. This judgment, rendered by the European Court of Justice on 26 February 2015 in response to a reference from the French Supreme Court, will satisfy the auction houses and art dealers in Europe (Christie’s France…

European Union, France, Jurisdiction, Remuneration (equitable), Transfer (of right)

(REALEX)/ /Leave a comment

Can an auction house transfer the responsibility of paying the resale right royalty from the seller to the buyer? Directive 2001/84/EC created a resale right (‘droit de suite’) in the EU for the benefit of the author of an original work of art. This resale right is ‘defined as an inalienable right, which cannot be…

European Union, Jurisdiction, Legislative process, Netherlands

(Institute for Information Law (IViR))/ /Leave a comment

Yesterday, the European Parliament adopted a resolution by which it urges EU Member States to combat tax fraud and evasion. The resolution was adopted by a large majority, 538 votes in favour to 73 against. What could make this tax-resolution of interest for copyrightholders and holders of other IPR’s is the suggestion that very popular…