ECJ Free Movement Of Goods – Articles 30 and 36 of the EEC treaty, on a true construction, do not preclude the application of national legislation allowing a national copyright-management society to charge a royalty called a ‘supplementary mechanical reproduction fee’, in addition to a performance royalty, on the public performance of sound recordings, even where such a supplementary fee is not provided for in the member state where those sound recordings were lawfully placed on the market. The prohibitions laid down in article 86 of the eec treaty, properly construed, do not apply to the conduct of a national copyright-management society simply because it charges a royalty called a ‘supplementary mechanical reproduction fee’, in addition to a performance royalty, on the public performance of sound recordings, even where such a supplementary fee is not provided for in the member state where those sound recordings were lawfully placed on the market.
Citations:
C-402/85, R-402/85, [1987] EUECJ R-402/85
Links:
European
Updated: 22 May 2022; Ref: scu.134296