The ECJ ruled today in a landmark case following a preliminary ruling case relating to copyright and collective management of copyrights and neighbouring rights, declaring that users (broadcasters) do not need to pay an equal remuneration rights of synchronised phonograms in audiovisual works communicated to the public through broadcasting.
CMS Spain represented the Spanish leading media group, Atresmedia Corporación de Medios de Comunicación S.A., against intellectual property rights management entity (AGEDI) and performing artists management entity (AIE). CMS Spain's team was composed of litigators and IP experts. IP partner María González Gordon and associate Ricardo Gómez-Barreda, and Litigation partners Carlos Aguilar and Luis Javier Vidal represented the client at the hearing before the European Court of Justice.
This is a landmark case as it has a significant impact in the audiovisual broadcasting market (including television channels, streaming platforms, video on demand services, etc.) throughout Europe. As a result of today's resolution, we have now confirmation that each time a film or television show where a pre-existing phonogram has been synchronised is broadcasted, televisions and platforms in Europe will not have to pay music producers nor music artists for the public communication of that film or series. This is clearly the most significant case year in the EU audiovisual market.