Luksan (Reference for a preliminary ruling) [2012] EUECJ C-277/10 (09 February 2012)

Luksan (Reference for a preliminary ruling) [2012] EUECJ C-277/10 (09 February 2012)

EU law requires that exploitation rights in cinematographic works (including reproduction, satellite broadcasting, and communication to the public) vest directly and originally in the principal director as author. National laws allocating such rights exclusively to producers are precluded. Member States may provide for a rebuttable presumption of transfer of these rights to producers, but not an irrebuttable one. The right to fair compensation under the private copying exception also vests directly and originally in the principal director and is unwaivable; Member States may not provide for a presumption of transfer or waiver of this right.

Citation
[2012] EUECJ C-277/10
Parties
Applicant: Mr Luksan; Respondent: Mr van der Let
Jurisdiction
European Union
Judgment Date
09 February 2012
Procedural Posture
Reference for a Preliminary Ruling / Judgment of the Court (third Chamber)
Outcome
Reference answered; national law precluding principal director's rights is incompatible with EU law.
Legal Topics
Copyright, Cinematographic Works, Exploitation Rights, Fair Compensation, Private Copying Exception, Presumption of Transfer
Intellectual Property Law European Union Law Copyright Cinematographic Works Exploitation Rights Fair Compensation Private Copying Exception Presumption of Transfer

Case Brief

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Parties

Mr Luksan

Applicant

Mr van der Let

Respondent

Procedural Posture

Reference for a Preliminary Ruling / Judgment of the Court (third Chamber)

Legal Issues

  1. 1 Whether EU law requires that exploitation rights in cinematographic works vest directly and originally in the principal director as author, precluding national laws allocating such rights exclusively to producers.
  2. 2 Whether Member States may provide for a presumption of transfer of exploitation rights to producers, and under what conditions.
  3. 3 Whether the right to fair compensation under the private copying exception vests directly and originally in the principal director.

Ratio Decidendi

EU law requires that exploitation rights in cinematographic works (including reproduction, satellite broadcasting, and communication to the public) vest directly and originally in the principal director as author. National laws allocating such rights exclusively to producers are precluded. Member States may provide for a rebuttable presumption of transfer of these rights to producers, but not an irrebuttable one. The right to fair compensation under the private copying exception also vests directly and originally in the principal director and is unwaivable; Member States may not provide for a presumption of transfer or waiver of this right.

Court Disposition

Reference answered; national law precluding principal director's rights is incompatible with EU law.

Orders

  • Exploitation rights in cinematographic works vest directly and originally in the principal director as author under EU law.
  • Member States may provide for a rebuttable presumption of transfer of exploitation rights to producers, but not an irrebuttable one.