Musik-Vertrieb Membran GMBH v. GEMA
European Communities Court of Justice
[1981] ECR 147, [1981] 2 CMLR 44, [1981] FSR 433, 12 IIC 526 (1981)
- Written by Sarah Holley, JD
Facts
GEMA (defendant) was a German society that collected mechanical royalties from record companies on behalf of music publishers and songwriters. Musik-Vertrieb Membran GMBH (Musik) and K-Tel International Ltd. (K-Tel) (defendants) each imported records on which protected musical works were recorded from Member States of the European Communities into the German Federal Republic. The defendants had paid the appropriate royalties in respect of distribution in the Member State of manufacture, but GEMA claimed additional royalties were due to it (the difference between the royalties already paid and the German royalty rate) for the infringement of the exclusive right of the works of German owners to distribute copies of the work in the German Federal Republic. The question referred to the Court of Justice of the European Communities was whether this levy of additional royalties was consistent with the Treaty Establishing the European Communities (EEC Treaty) provisions on the free movement of goods.
Rule of Law
Issue
Holding and Reasoning ()
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