CJEU: Directives preclude regulations that allow employers to exploit the neighboring rights of performing artists

InfoSoc Directive and Rental Directive must be interpreted as precluding national legislation which provides for the assignment, by means of a regulatory act, for the purpose of exploitation by the employer, of the related rights of performers engaged under an administrative law statute, in respect of the performances carried out in the context of their service to that employer, without the prior consent of those performers.

Case C-757/23 Orchestre national de Belgique

Related Rights - Neighbouring Rights

Although reference is made to Directive 2019/790 and it is stated that the act complies with the Directive, the respondent argues that "the applicants cannot invoke the application of Articles 18 to 23 of the Directive, which apply exclusively to artists who have concluded a contract for the exploitation of their rights, and not to artists with a statutory appointment." The intervening party contends that it is questionable whether these articles are applicable to the transfer of related rights concerning performances carried out within the framework of an employment contract or statutory appointment.

Preliminary questions:

(1)      Must Articles 18 to 23 of Directive [2019/790] be interpreted as precluding the transfer, by means of a regulatory act, of the related rights of statutory employees in performances carried out in the context of the employment relationship?

(2)      If Question 1 is answered in the affirmative, must the concepts of “acts concluded” and “rights acquired” within the meaning of Article 26(2) of Directive [2019/790] be interpreted as covering, in particular, the transfer of related rights by means of a regulatory act adopted before 7 June 2021?

The CJEU rules:

Article 2(b) and Article 3(2)(a) of [InfoSoc Directive], as well as Article 3(1)(b), Article 7(1), Article 8(1) and Article 9(1)(a) of [Rental Directive], must be interpreted as precluding national legislation which provides for the assignment, by means of a regulatory act, for the purpose of exploitation by the employer, of the related rights of performers engaged under an administrative law statute, in respect of the performances carried out in the context of their service to that employer, without the prior consent of those performers.

IPPT version will follow anytime soon
ECLI:EU:C:2025:141 and case C-757/23