Legal News

Court of Justice—transfer of performers’ rights by implicit consent (Spedidam, PG and GF v INA)

Published on: 14 November 2019
Published by: LexisPSL
  • Court of Justice—transfer of performers’ rights by implicit consent (Spedidam, PG and GF v INA)
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

TMT analysis: The Court of Justice has given a ruling that Articles 2(b) and  3(2)(a) of the InfoSoc Directive (2001/29/EC) must be interpreted as not preventing national legislation, such as French legislation enacted for the purpose of facilitating the exploitation of audiovisual archives by a state body, which provides for a rebuttable presumption that a performer has authorised the fixation and exploitation of their performances where that performer is involved in the recording of an audiovisual work so that it may be broadcast. or take a trial to read the full analysis.

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