COPYRIGHT | ECJ on statutory assignment of rights without prior consent

On 6 March 2025, the European Court of Justice (ECJ) issued its judgment in Case C-575/23 (FT, AL, ON v Belgian State, intervener: Orchestre national de Belgique (ONB)). The initial request for a preliminary ruling concerned the interpretation of Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market, with particular regards to Articles focusing on fair remuneration in exploitation contracts of authors and performers. The request originated from a proceedings between musicians engaged under an administrative law statute by the ONB on the one hand and the Belgian State on the other hand, concerning the lawfulness of the Royal Decree of 1 June 2021, which mandated the assignment of musicians’ right of communication to the public, reproduction and distribution rights to the ONB in exchange for remuneration set by the Decree. The ECJ, aligning with the opinion previously expressed by Advocate General Szpunar, concluded that assignment of the ONB musicians’ rights without their prior consent amounts to a general compulsory assignment of all the related rights of a category of performers. This is against the provisions of Directive 2001/29 and 2006/115, as performers’ rights shall be interpreted broadly, as well as against the principle of appropriate and proportionate remuneration under Article 18.2 Directive 2019/790. Nonetheless, the ECJ clarified that it is up to the Member States to define the methods for granting consent, including through individual or collective negotiations.

Newsletter n. 106 – April 2025