CJEU: Infosoc Directive 2001/29 and Rental Directive 2006/115 preclude national legislation providing for the exploitation of performers’ related rights by their employer
03-10-2025 Print this pageInfosoc Directive 2001/29 and Rental Directive 2006/115 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, without the prior consent of those performers: Performers engaged under an administrative law statute are covered by the concept of ‘performer’ referred to in the Directives. The rights guaranteed to performers are exclusive by nature, any use by a third party without such prior consent must be regarded as infringing the holder’s right. The InfoSoc Directive 2001/29 and the Rental Directive 2006/115 do not permit a general compulsory assignment of all the related rights of a category of performers.
IPPT20250306_CJEU_Orchestre_national_de_Belgique