The EU Court of Justice states that the fee structure for music played at festivals adopted by collecting societies is not necessarily abusive (SABAM)

On 25 November 2020, the Court of Justice of the European Union (the CJEU) delivered a judgment in case C-372/19 holding that the fee structure for music played at festivals adopted by collecting societies such as SABAM is not necessarily abusive under Article 102 TFEU. The case had come before the CJEU following a request for a preliminary ruling from the Court of Enterprises (Ondernemingsrechtbank) of Antwerp (the Antwerp Court). The Antwerp Court made the request in disputes between SABAM and festival organisers Weareone.World and Wecandance over allegedly unpaid royalties for music played in the Tomorrowland and Wecandance festivals between 2013 and 2016. The organisers contended that the royalty fees charged by SABAM were abusive.

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Peter L'Ecluse, Valérie Lefever, The EU Court of Justice states that the fee structure for music played at festivals adopted by collecting societies is not necessarily abusive (SABAM), 25 November 2020, e-Competitions November 2020, Art. N° 98387

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