Artists from countries outside the European Economic Area (EEA), like those from the EU, are entitled to an equitable remuneration shared with the recording producer. This is the thrust of a ruling by the Court of Justice of the European Union, on Friday 18 September, on the interpretation to be given to Directive 2006/115 on neighbouring rights in the field of intellectual property (Case C-265/19).
Two Irish companies are opposed in this case: on the one hand the company RAAP, which manages the rights of performers, and on the other hand PPI, which manages the rights of phonogram (recording) producers and companies. PPI refuses to pay rights to RAAP for the broadcasting of the music on the grounds that the artists concerned are EEA nationals and that Irish artists do not receive equitable remuneration in non-Member States.
In today's judgment, the Court finds in favour of RAAP, holding that Directive 2006/115 precludes a Member State from excluding artists from non-EEA countries from the right to a single equitable remuneration or from allowing only the record producer to receive remuneration without sharing it with the performer who contributed to that recording.
It adds that any limitation on the exercise of this right should be provided for by law in a clear and precise manner, in accordance with the provisions of the Charter. It is not the case here. (Original version in French by Sophie Petitjean)