- 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
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.
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