Phil Collins v. Imtrat Handelsgesellschaft GmbH
European Court of Justice
[1993] ECR I-5145, C-92/92 (Oct. 20, 1993)
- Written by Josh Lee, JD
Facts
Phil Collins (plaintiff) was a singer and composer of British nationality. Imtrat Handelsgesellschaft GmbH (defendant) was a distributor of sound recordings in Germany. Imtrat marketed a CD containing a recording of a Collins performance in the United States. The recording was made without Collins’s consent. Collins sought a preliminary injunction in a German court to prohibit any further marketing of the recording. However, under German copyright law, only a German national is able to obtain an injunction prohibiting distribution of recordings made outside of Germany. All other individuals are only eligible to obtain an injunction prohibiting distribution of recordings made in Germany. The German court questioned whether this differential treatment was consistent with the European Economic Community Treaty and referred that question to the European Court of Justice.
Rule of Law
Issue
Holding and Reasoning ()
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