Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2020-09/cp200110en.pdf

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Court of Justice of the European Union

PRESS RELEASE No 110/20

Luxembourg, 18 September 2020
Judgment in Case C-265/19 Recorded Artists Performers Limited v Attorney General and others
 
EU law precludes a Member State from excluding performers who are nationals of States outside the EEA from the right to a single equitable remuneration for the playing of recorded music 
 
Recorded Artists Actors Performers Ltd (RAAP) is a collective management organisation for performers, whereas Phonographic Performance (Ireland) Ltd (PPI) is a collective management organisation for phonogram producers. Those undertakings entered into an agreement which stipulates how fees payable in Ireland for the playing in public – in bars and other publicly accessible places – or the broadcasting of recorded music must, after being paid by the users to PPI, be shared with the performers and, for that purpose, be paid on in part by PPI to RAAP. They are in disagreement in relation to the operation of that agreement as regards fees paid to PPI where the music was performed by a person who is neither a national nor a resident of a Member State of the European Economic Area (EEA). 

RAAP takes the view that all the fees payable must be shared, without having regard to the performer’s nationality and residence. If RAAP’s position were followed, performers from third States would be paid in Ireland in any event although, according to PPI, which relies in this regard on Irish law, that cannot be the case where Irish performers do not receive equitable remuneration in third States.
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