Keywords
Summary

Keywords

++++

1 . FREE MOVEMENT OF GOODS - INDUSTRIAL AND COMMERCIAL PROPERTY - COPYRIGHT - NATIONAL LEGISLATION PERMITTING THE CHARGING, ON THE PUBLIC USE OF IMPORTED SOUND RECORDINGS, IN ADDITION TO THE PERFORMANCE ROYALTY, OF A SUPPLEMENTARY REPRODUCTION ROYALTY NOT PROVIDED FOR IN THE MEMBER STATE OF ORIGIN - PERMISSIBILITY

( EEC TREATY, ARTS . 30 AND 36 )

2 . COMPETITION - DOMINANT POSITION - COPYRIGHT MANAGEMENT SOCIETY ENJOYING A DE FACTO MONOPOLY - CHARGING, ON THE PUBLIC USE OF IMPORTED SOUND RECORDINGS, IN ADDITION TO THE PERFORMANCE ROYALTY, OF A SUPPLEMENTARY REPRODUCTION ROYALTY NOT PROVIDED FOR IN THE MEMBER STATE OF ORIGIN - NO ABUSE .

( EEC TREATY, ART . 86 )

Summary

1 . ARTICLES 30 AND 36 OF THE EEC TREATY, ON A TRUE CONSTRUCTION, DO NOT PRECLUDE THE APPLICATION OF NATIONAL LEGISLATION ALLOWING A NATIONAL COPYRIGHT-MANAGEMENT SOCIETY TO CHARGE A ROYALTY CALLED A "SUPPLEMENTARY MECHANICAL REPRODUCTION FEE", IN ADDITION TO A PERFORMANCE ROYALTY, ON THE PUBLIC PERFORMANCE OF SOUND RECORDINGS, EVEN WHERE SUCH A SUPPLEMENTARY FEE IS NOT PROVIDED FOR IN THE MEMBER STATE WHERE THOSE SOUND RECORDINGS WERE LAWFULLY PLACED ON THE MARKET .

2 . THE PROHIBITIONS LAID DOWN IN ARTICLE 86 OF THE EEC TREATY, PROPERLY CONSTRUED, DO NOT APPLY TO THE CONDUCT OF A NATIONAL COPYRIGHT-MANAGEMENT SOCIETY SIMPLY BECAUSE IT CHARGES A ROYALTY CALLED A "SUPPLEMENTARY MECHANICAL REPRODUCTION FEE", IN ADDITION TO A PERFORMANCE ROYALTY, ON THE PUBLIC PERFORMANCE OF SOUND RECORDINGS, EVEN WHERE SUCH A SUPPLEMENTARY FEE IS NOT PROVIDED FOR IN THE MEMBER STATE WHERE THOSE SOUND RECORDINGS WERE LAWFULLY PLACED ON THE MARKET .