Protection for rights of phonogram producers if the work was protected in a Member State

NEIGHBOURING RIGHTS - PRIVATE INTERNATIONAL LAW

Rights of phonogram producers
 

"25. That the term of protection laid down in Direc-tive 2006/116 is also applicable, pursuant to Article 10(2) of that directive, where the subject-matter at issue has at no time been protected in the Member State in which the protection is sought."

Rights of nationals of non-Member States

"37. That the terms of protection provided for by that directive apply in a situation where the work or subject-matter at issue was, on 1 July 1995, protected as such in at least one Member State under that Member State’s national legislation on copyright and related rights and where the holder of such rights in respect of that work or subject-matter, who is a national of a non-Member State, benefited, at that date, from the protection provided for by those national provisions."

IPPT20090120, ECJ, Sony v Falcon

C240/07 - ECLI:EU:C:2009:19