Protecting the European music industry by making broadcasting rights payments to third-country nationals subject to reciprocity
25.7.2024
Question for written answer E-001423/2024
to the Commission
Rule 144
Catherine Griset (PfE)
In a judgment of 8 September 2020[1], the Court of Justice of the European Union ruled that a Member State could not, in its legislation, exclude performers and phonogram producers[2] who were third-country nationals from the equitable remuneration provided for by law when their work is publicly broadcast by wireless or any other means.
Based mainly on Article 8(2) of Directive 2006/115/EC ‘on rental right and lending right and on certain rights related to copyright in the field of intellectual property’, the judgment does not make such remuneration conditional on reciprocity from third States.
Therefore, considerable sums could be paid to performers and phonogram producers from third countries, in particular the United States, even though these countries will not be paying us for broadcasting rights in return.
Will the Commission propose a reform of Directive 2006/115/EC to make broadcasting rights payments to third-country nationals subject to mandatory reciprocity?
Submitted: 25.7.2024