Source: EURLEX
Language: en
Format: md

[Keywords](#IX)
  
[Summary](#SM)

## Keywords

1 . FREEDOM TO PROVIDE SERVICES - RESTRICTIONS - APPLICATION OF NATIONAL LAWS ON THE PROTECTION OF COPYRIGHTS - ASSIGNMENT OF RIGHTS - PERMISSIBLE - CONDITIONS

( EEC TREATY , ART . 59 )

2 . FREEDOM TO PROVIDE SERVICES - RESTRICTIONS - CABLE TELEVISION DIFFUSION IN A MEMBER STATE OF A FILM SHOWN IN ANOTHER MEMBER STATE WITH THE CONSENT OF THE OWNER OF THE RIGHT - OBJECTION BY THE ASSIGNEE OF THE PERFORMING RIGHTS IN THE FIRST STATE - PERMISSIBLE

( EEC TREATY , ART . 59 )

## Summary

1 . WHILST ARTICLE 59 OF THE EEC TREATY PROHIBITS RESTRICTIONS UPON FREEDOM TO PROVIDE SERVICES , IT DOES NOT THEREBY ENCOMPASS LIMITS UPON THE EXERCISE OF CERTAIN ECONOMIC ACTIVITIES WHICH HAVE THEIR ORIGIN IN THE APPLICATION OF NATIONAL LEGISLATION FOR THE PROTECTION OF INTELLECTUAL PROPERTY , SAVE WHERE SUCH APPLICATION CONSTITUTES A MEANS OF ARBITRARY DISCRIMINATION OR A DISGUISED RESTRICTION ON TRADE BETWEEN MEMBER STATES . SUCH WOULD BE THE CASE IF THAT APPLICATION ENABLED PARTIES TO AN ASSIGNMENT OF COPYRIGHT TO CREATE ARTIFICIAL BARRIERS TO TRADE BETWEEN MEMBER STATES .

2 . THE PROVISIONS OF THE EEC TREATY RELATING TO THE FREEDOM TO PROVIDE SERVICES DO NOT PRECLUDE AN ASSIGNEE OF THE PERFORMING RIGHT IN A CINEMATOGRAPHIC FILM IN A MEMBER STATE FROM RELYING UPON HIS RIGHT TO PROHIBIT THE EXHIBITION OF THAT FILM IN THAT STATE , WITHOUT HIS AUTHORITY , BY MEANS OF CABLE DIFFUSION IF THE FILM SO EXHIBITED IS PICKED UP AND TRANSMITTED AFTER BEING BROADCAST IN ANOTHER MEMBER STATE BY A THIRD PARTY WITH THE CONSENT OF THE ORIGINAL OWNER OF THE RIGHT .

INDEED , WHILST COPYRIGHT ENTAILS THE RIGHT TO DEMAND FEES FOR ANY EXHIBITION OF A CINEMATOGRAPHIC FILM , THE RULES OF THE TREATY CANNOT IN PRINCIPLE CONSTITUTE AN OBSTACLE TO THE GEOGRAPHICAL LIMITS WHICH THE PARTIES TO A CONTRACT OF ASSIGNMENT HAVE AGREED UPON IN ORDER TO PROTECT THE AUTHOR AND HIS ASSIGNS IN THIS REGARD . THE MERE FACT THAT THOSE GEOGRAPHICAL LIMITS MAY COINCIDE WITH NATIONAL FRONTIERS DOES NOT POINT TO A DIFFERENT SOLUTION IN A SITUATION WHERE TELEVISION IS ORGANIZED IN THE MEMBER STATES LARGELY ON THE BASIS OF LEGAL BROADCASTING MONOPOLIES , WHICH INDICATES THAT A LIMITATION OTHER THAN THE GEOGRAPHICAL FIELD OF APPLICATION OF AN ASSIGNMENT IS OFTEN IMPRACTICABLE .

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