Judgment — ECLI:EU:C:2006:467
Date: 2006-07-13
Language of the case: Portuguese
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Intellectual, industrial and commercial property;Approximation of laws;Freedom to provide services;Copyright and related rights
Concepts: Copyright and related rights
Procedure: Action for failure to fulfil obligations - successful
Origin: Portugal

Summary of the Judgment 1. Approximation of laws – Copyright and related rights – Rental right and lending right in respect of protected works – Directive 92/100 (Council Directive 92/100, Art. 2(1)) 2. Approximation of laws – Copyright and related rights – Rental right and lending right in respect of protected works – Directive 92/100 (Council Directive 92/100, Arts 2(5) and (7), and 4) 1. Article 2(1) of Directive 92/100 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, as amended by Directive 2001/29, confers inter alia on the producer of the first fixation an exclusive right to authorise or prohibit rental and lending in respect of the original and copies of his film. A Member State which creates in national law a rental right also in favour of producers of videograms fails to fulfil its obligations under that provision. That would not simply add an extra category of rightholders to the list in Article 2(1) of the Directive, but would, on the contrary, call into question the specific exclusive rights set out in that provision. (see paras 22-23, 44, operative part) 2. Article 4 of Directive 92/100 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, as amended by Directive 2001/29, guarantees an equitable remuneration to authors or performers in the event of assignment of the rental right to a producer. A Member State which creates in national legislation some doubt as to who is responsible for paying the remuneration in question fails to fulfil its obligations under Article 4 of Directive 92/100, read in conjunction with Article 2(5) and (7) thereof. (see paras 38, 41, 44, operative part)