Dental surgeries and the payment of rights related to discography

In the framework of a case pending between SCF Phonographic Association and a dentist, the Court of Appeals of Turin has recently referred the matter to the European Court of Justice (“ECJ”) for a preliminary ruling on interpretation. The ECJ will have to establish whether the distribution of music in private professional offices - as a dental surgery – is a form of "communication to the public" entitling artists and phonographic producers to claim compensation, as required by EU directives and Italian law on copyright. As noted by the President of SCF Gianluigi Chiodaroli, the ECJ ruling will clarify the scope of protection of laws regulating the rights of artists and producers in relation to background music in public premises in Italy. In this respect it must be noted that in other EU countries consulting rooms and dental surgeries recognize and pay a compensation to copyright proprietors and phonographic right holders in case of use of background music.

04/12/2010 | Copyright