Collins v. Imtrat Handelsgesellschaft mbH; Patricia Im-und Export Verwaltungsgesellschaft mbH , Kraul, Leif Emmanuel v. EMI Electrola GmbH (Joined Cases C- 92/92 and C-326/92)

Date

20 October 1993

EC Treaty, art 7(1).

bootleg recordings; free circulation; free movement of goods

Ulrike Hundt-Neumann, Sabine Rojahn, Hartwig Ahlberg, Daniel Marquard

unknown

Due, Mancini, Moitinho de Almeida, Edward, Joliet, Schockweiler, Grévisse, Zuleeg and Murray JJ. AG Francis Jacobs.

European Court of Justice

[1994] EMLR. 108; [1994] FSR. 166; Times, November 19, 1993

Re: marketing on German territory of a CD reproducing a recording of a concert given in the US, produced without the consent of the singer. Referral to the ECJ relating to interpretation of the provisions of Article 7 EEC Treaty.
Article 7(1) EC Treaty, the general principle of non-discrimination applies to copyright and neighbouring rights. It must be interpreted to mean that it precludes legislation of a Member State from excluding artists and performers from other Member States from exercising the right granted to a national, in order to prevent the sale in the national territory of a record made without their consent, when that recording took place outside the national territory.
It has direct effect and can be applied by the national court to overrule discriminatory provisions of national law which refuse protection to residents of other national states.

Reviewed 30 November 2008