Judgment of the Court (Grand Chamber) of 8 September 2020
Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd and Others
Request for a preliminary ruling from the High Court (Irlande)
Reference for a preliminary ruling – Intellectual property – Rights related to copyright – Directive 2006/115/EC – Article 8(2) – Use of phonograms in the European Union – Right of the performers to equitable remuneration shared with the phonogram producers – Applicability to nationals of third States – Performances and Phonograms Treaty – Articles 4 and 15 – Reservations notified by third States – Limitations of the right to equitable remuneration that may, on the basis of reciprocity, follow, in the European Union, for nationals of third States from those reservations – Article 17(2) and Article 52(1) of the Charter of Fundamental Rights of the European Union – Fundamental right to the protection of intellectual property – Requirement that any limitation must be provided for by law, respect the essence of the fundamental right and be proportionate – Division between the European Union and the Member States of competences to set those limitations – Division of competences in relations with third States – Article 3(2) TFEU – Exclusive competence of the European Union
Case C-265/19
Reports of Cases
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Links to the texts
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Opinion
ECLI:EU:C:2020:512 |
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Judgment
ECLI:EU:C:2020:677 |
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