Utilizarea fonogramelor în Uniunea Europeană
The use of phonograms in the European Union

Summary/Abstract: A recent judgment of CJEU has brought back into discussion some aspects concerning the use of phonograms in the European Union, in particular which performers and producers may benefit from the right to equitable remuneration under Directive 2006/115/CE. This requires an approach of the provisions of the Directive in relation to the obligations the Union has in accordance with international conventions it is a part to, being given the provisions of article 216 paragraph (2) of TFEU which provide that “Agreements concluded by the Union are binding upon the institutions of the Union and on its Member States”, as well as the practice of the Court according to which the notions appearing in this Directive shall be interpreted in a manner consistent with the equivalent notions contained in these conventions.

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