MIL-OSI Europe: Answer to a written question – Protecting the European music industry by making broadcasting rights payments to third-country nationals subject to reciprocity – E-001423/2024(ASW)

Source: European Parliament

The Commission has intensively worked on analysing the consequences of the judgment of the Court of Justice of the European Union in Case C-265/19 on the remuneration of phonogram producers and performers[1].

The Commission conducted a comprehensive evidence-gathering and engaged in discussions with Member States and stakeholders on this matter. More details and references may be found in the reply to Written Question E-001161/2024.

The discussions with Member States and the feedback from the stakeholders highlighted significant differences across Member States in the practices of remunerating third-country phonogram producers and performers, based on national treatment or material reciprocity.

There were as well varying opinions on the necessity of any form of regulatory intervention especially if that intervention would be for the purposes of reversing the judgment of the Court of Justice with the risk of fragmenting the internal market.

Accordingly, the review of Directive 2006/115/EC[2] was not identified as one of the matters for which the Commission would bring forward proposals under the 2019-2024 mandate. The matter may be further examined under the new Commission.

  • [1] Judgment of 8 September 2020, Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd and Others, C-265/19, EU:C:2020:677.
  • [2] https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A32006L0115
Last updated: 7 October 2024

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