COPYRIGHT | The ECJ on the reciprocity clause for works of applied art

On 24 October 2024, the European Court of Justice (“ECJ”) handed down its decision in case C-227/23 (Kwantum Nederland BV, Kwantum België BV v Vitra Collections AG) concerning the question of whether EU Member States may, on the basis of Article 2(7) of the Berne Convention (“BC”), adopt their own reciprocal rules on copyright protection for works of applied art. The ECJ stated that EU law – and notably Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 – pre-empts Member States’ freedom under Article 2(7) BC to invoke the reciprocity clause. Moreover, the ECJ also pointed out that, in defining the scope of Directive 2001/29 by means of a territorial criterion, the EU legislature necessarily took into account all the works for which protection is sought in the territory of the European Union, irrespective of the country of origin of those works or the nationality of their author.

Newsletter n. 101 – November 2024