- AG’s opinion—transfer of performers’ rights by implicit consent (Spedidam, PG and GF v INA)
- What was the background?
- What did the Advocate General opine?
- Case details
TMT analysis: The Advocate General has given an opinion that the French law provision—Article 49(II) of the Law on freedom of communication, in so far as it provides for a transfer of performers’ rights on the basis of implicit consent in favour of the French National Audiovisual Institute, would be precluded by Article 2(b), Article 3(2)(a) and Article 5 of the InfoSoc Directive as a disproportionate interference with the exclusive nature of performers’ rights.
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