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000050146 0247_ $$a10.1093/grurint/ikae077$$2doi
000050146 040__ $$aSzGeWIPO$$beng$$erda$$cSzGeWIPO
000050146 041__ $$aeng
000050146 24500 $$aThe CJEU’s Unintelligible Impairment of the Financial Health of EU Performers:$$bEver-Increasing Suspense in Neighbouring Rights
000050146 264_1 $$a[Oxford, England] :$$bOxford University Press (OUP),$$c2024.
000050146 300__ $$a1 online resource (pages  850-857)
000050146 336__ $$atext$$2rdacontent
000050146 337__ $$acomputer$$2rdamedia
000050146 338__ $$aonline resource$$bcr$$2rdacarrier
000050146 4901_ $$aGRUR International,$$x2632-8550 ;$$v73, 9, 2024
000050146 520__ $$aWith the RAAP ruling in 2020, the Court of Justice of the European Union (CJEU) delivered a judgment with a far-reaching impact, both on the autonomy of Member States within the making of reservations under international treaties, and on revenues for collecting societies and neighbouring rightsholders in the EU. The controversial part of the judgment states that entering reservations on the granting of equitable remuneration for neighbouring rights on the basis of international treaties should only take place at EU level. This effectively leaves no autonomy to Member States within the principle of reciprocity, contrary to former popular belief by many Member States and scholars.  The US has entered reservations with regard to EU countries under Art. 15(3) WIPO Performances and Phonograms Treaty (WPPT), thus no remuneration is disbursed for performances by EU artists in the US. Due to the US repertoire’s large presence in the EU, the latter’s performers will be left with a considerably smaller share of the revenues to be distributed by EU collecting societies.  The European Commission must urgently finish the ongoing research and consultation on RAAP. Right now, too many requests by interest groups remain unanswered. The recommended (and hoped for) route is for the EU to invoke the principle of reciprocity and enter reservations for other WPPT parties that have entered such reservations with regard to EU countries. An extensive arrangement regarding reservations is necessary, also regarding situations where the relationship between fundamental rights and reciprocity provisions is currently unknown.
000050146 542__ $$fhttps://academic.oup.com/grurint/article/72/3/231/6998505
000050146 588__ $$aCrossref
000050146 590__ $$aPublished online: 18-Jul-24
000050146 650_0 $$aCopyright$$xNeighboring rights
000050146 7001_ $$aValk, Etienne Gabriel,$$eauthor.
000050146 7731_ $$tGRUR International$$wGRUR
000050146 830_0 $$aGRUR International ;$$v73, 9, 2024,$$x2632-8550.
000050146 85641 $$uhttps://doi.org/10.1093/grurint/ikae077$$yonline version
000050146 904__ $$aJournal article
000050146 980__ $$aGRUR