19.04.2023

The Commission (DG CNECT) has recently published a study concerning the remuneration of phonogram performers and producers from third countries when their records are played in the EU. The study underpins ongoing discussions with Member States and stakeholders on the follow up to the RAAP judgement (Case C-265/19). "Study on the international dimension of the single equitable remuneration right for phonogram performers and producers and its effect on the European Creative Sector" 

Phonogram producers and performers receive a single equitable remuneration (SER) when their phonograms are played in public and broadcasted on radio and TV. In September 2020, a judgement by the CJEU in the RAAP case challenged the common understanding among Member States of their discretion to apply material reciprocity as regards the recognition of this right towards third-country rightholders, based on permitted reservations in relevant international law. The interpretation by the CJEU has challenged existing national rules and practices not extending the right to rightholders from third countries which did not recognise this right to EU performers and producers. This study has found that at least eight Member States are directly impacted by the current interpretation of EU law. However, so far only three of these Member States have either modified their legislation and/or their market practices to comply with the CJEU’s interpretation. There are divergent views amongst stakeholders about the need for or the scope of an EU intervention to address the judgement effects. This study has attempted to quantify the economic impact of two scenarios:

1. the application of national treatment across the EU (reflecting the CJEU’s interpretation of EU law) and
2. the introduction of material reciprocity at EU level.

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