# C_2022207EN.01001902.xml

| 23.5.2022 | EN | Official Journal of the European Union | C 207/19 |
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23.5.2022

EN

Official Journal of the European Union

C 207/19

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Request for a preliminary ruling from the Korkein oikeus (Finland) lodged on 15 March 2022 — Kopiosto r.y. v Telia Finland Oyj

(Case C-201/22)

(2022/C 207/28)

Language of the case: Finnish

Referring court

Korkein oikeus

Parties to the main proceedings

Appellant: Kopiosto r.y.

Respondent: Telia Finland Oyj

Questions referred

| 1. | With regard to contractual licensing organisations which collectively manage intellectual property rights, does the legal standing to defend those rights, which is conferred by Article 4(c) of Directive 2004/48, (1) refer only to the general capacity to be a party to legal proceedings, or does it require a right expressly recognised by national law to bring legal proceedings in one’s own name for the purposes of defending the rights in question? |
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1.

With regard to contractual licensing organisations which collectively manage intellectual property rights, does the legal standing to defend those rights, which is conferred by Article 4(c) of Directive 2004/48, (1) refer only to the general capacity to be a party to legal proceedings, or does it require a right expressly recognised by national law to bring legal proceedings in one’s own name for the purposes of defending the rights in question?

| 2. | In an interpretation based on Article 4(c) of Directive 2004/48, must the term ‘direct interest in the defence of the copyright of the rightholders whom it represents’ be interpreted uniformly in all Member States as regards the right of a collective representation body within the meaning of Article 3(a) of Directive 2014/26/EU (2) to bring an action for copyright infringement in its own name where






  (i) | it concerns uses of works in respect of which an organisation is entitled, as a contractual licensing organisation within the meaning of the Tekijänoikeuslaki (Law on copyright), to grant extended collective licences also allowing the licensee to use works by authors in that sector who have not authorised the organisation to manage their rights; |
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2.

In an interpretation based on Article 4(c) of Directive 2004/48, must the term ‘direct interest in the defence of the copyright of the rightholders whom it represents’ be interpreted uniformly in all Member States as regards the right of a collective representation body within the meaning of Article 3(a) of Directive 2014/26/EU (2) to bring an action for copyright infringement in its own name where

(i)

it concerns uses of works in respect of which an organisation is entitled, as a contractual licensing organisation within the meaning of the Tekijänoikeuslaki (Law on copyright), to grant extended collective licences also allowing the licensee to use works by authors in that sector who have not authorised the organisation to manage their rights;

| (ii) | it concerns uses of works in respect of which the authors have authorised the organisation to manage their rights by contract or by way of a mandate, without the copyrights having been assigned to the organisation? |
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(ii)

it concerns uses of works in respect of which the authors have authorised the organisation to manage their rights by contract or by way of a mandate, without the copyrights having been assigned to the organisation?

| 3. | If the organisation, in its capacity as a contractual licensing organisation, is presumed to have a direct interest and legal standing to bring an action in its own name: in assessing standing to bring proceedings in the light of, where applicable, Articles 17 and 47 of the Charter of Fundamental Rights of the European Union, what significance must be given to the fact that the organisation, as a contractual licensing organisation, also represents authors who have not authorised it to manage their rights, and that the organisation’s right to bring an action to defend the rights of such authors is not provided for by law? |
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3.

If the organisation, in its capacity as a contractual licensing organisation, is presumed to have a direct interest and legal standing to bring an action in its own name: in assessing standing to bring proceedings in the light of, where applicable, Articles 17 and 47 of the Charter of Fundamental Rights of the European Union, what significance must be given to the fact that the organisation, as a contractual licensing organisation, also represents authors who have not authorised it to manage their rights, and that the organisation’s right to bring an action to defend the rights of such authors is not provided for by law?

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(1)  Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p. 45).

(2)  Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (OJ 2014 L 84, p. 72).

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