ALL PERFORMERS ARE ENTITLED TO RECEIVE A REMUNERATION FOR NEIGHBOURING RIGHTS. A DECISION OF THE EU COURT OF JUSTICE CONFIRMS IT

The EU Court of Justice published on 8th September an important decision on the case that saw the collecting of the Irish performers RAAP sue the record producers collecting PPI record producers for non-payment of neighbouring rights compensations due to citizen or resident performers from non-EU countries.
The ruling, which supports the requests made by RAAP, reaches conclusions by analyzing the compatibility of Irish law with European and international law on, among other things, the application of the definition of performer entitled to a fair remuneration for neighbouring rights.
The Court affirms that the definition of performers is that contained in the WIPO treaty. The treaty defines performers, without distinction, all those who represent , sing, recite, declaim, interpret or perform in any other way literary or artistic works or expressions of folklore. This definition does not include any additional requirements or limitations and therefore includes both non-EU performers (such as Americans) and orchestras, as ITSRIGHT has always maintained.

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