On Thursday September 26th, the Belgian Constitutional Courtpublished its ruling in the case in which Google, META, Spotify, Streamz and several record labels introduced different requests for annulment of the remuneration rights for streaming and the use by UGC-platforms as introduced by the Belgian law of 19 June 2022 that implemented the DSM directive. In its ruling the Court decided neither to reject the requests for annulment nor to grant them. Instead, it referred no fewer than 13 different preliminary questions to the Court of Justice of the European Union.
All 13 questions come down to finding out whether the DSM directive, the 2001 Infosoc directive, the EU Charter of Fundamental Rights, the TFEU and even the 2015 TRIS-directive (EU Directive 2015/1535 – Technical Regulations Information System) prohibit Member States from introducing a remuneration right that provides artists (and journalists) with a guaranteed and non-transferable right to receive a remuneration when their works are being exploited by streaming and UGC-platforms.
While nothing is lost, the referral does represent an additional delay for PlayRight to put remuneration for streaming into practice. Without a doubt the CJEU will need a lot of time to respond accurately to 13 different questions. “The race isn’t run yet. Although we would have preferred a more positive outcome, the CJEU now has the unique opportunity to settle the issue of a correct and fair remuneration for performing artists in the digital age for all EU member states. We will campaign relentlessly and use all means at our disposal to obtain such a result.” says Christophe Van Vaerenbergh, Director at PlayRight.
“When the EU adopted the DSM directive in 2019 it acknowledged that the EU copyright framework was no longer fit to provide performers with a proper protection while facing rapid technological developments. It was clear that something needed to change, especially in relation to streaming. However, the EU did not make the changes itself. It outsourced the work to its Member States by stating they should work towards the goal of fair remuneration using any mechanism they felt suitable.” says Ioan Kaes, General Secretary at AEPO-ARTIS, adding: “AEPO-ARTIS is still convinced that the Belgian government is among those that took the task serious and provided an example for others to follow.”
A more extensive report on the ruling can be read following this link.
