Maurizio Borghi “The universal nature of performers’ rights under EU law”

Working Paper No. 01-2021

February 2021

Copyright’s neighbouring rights have been the subject of several referrals to the Court of Justice of the European Union (CJEU). In its judgment of 8 September 2020 in Case C‑265/19 (Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd),  the Court has defined for the first time the subjects of the right to remuneration for performers under EU law, as well as the limits imposed on the national legislator. The judgment opens up interesting perspectives on the shared competences between the EU and Member States in the application of international treaties, and invites some reflection on the recognition of the individual status of performer in EU law, as well as on the scope and limits of intellectual property as a fundamental right of a universal nature.

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