1 Free movement of goods – Industrial and commercial property – Copyright – Protection – Limits – Sound-recordings marketed in a Member State with the consent of the author – Importation into another Member State – Objection or restriction relating to the charging of a copyright royalty – Not permissibility
(EEC Treaty, Art 30)
2 Free movement of goods – Industrial and commercial property – Copyright – Freedom to provide services – National legislation permitting the charging, on the public performance of musical works by means of sound-recordings imported from another Member State, of copyright royalties – Permissible
(EEC Treaty, Arts 30 and 59)
3 Competition – Agreements, decisions and concerted practices – Restriction of competition – Reciprocal representation agreements between national copyright management societies – Lawfulness – Exclusive rights clause – Not lawful (EEC Treaty, Art 85(1))
4 Competition – Agreements, decisions and concerted practices – Concerted practice – Parallel behaviour – Resumption of concerted action – Limits – Refusal by national copyright management societies to grant a user established in another Member State direct access to their repertoire – Assessment by the national court
( EEC Treaty, Arts 85(1 ) and 177 )
5 . Competition – Agreements, decisions and concerted practices – Restriction of competition – Refusal by a national copyright management society to allow a user access to only one part of the protected repertoire – Lawfulness – Conditions
(EEC Treaty, Art 85)
6 . Competition – Dominant position – Abuse – Unfair trading conditions – Royalties applied by one copyright management society appreciably higher than those charged in other Member States – Possible justification
(EEC Treaty, Art 86)
Citations:
R-395/87, [1989] EUECJ R-395/87
Links:
Jurisdiction:
European
Intellectual Property
Updated: 21 June 2022; Ref: scu.215721