The European Court of Justice Has Opened the Market to Independent Management Entities
The European Court of Justice has issued a groundbreaking decision that opens the Italian copyright management market to Independent Management Entities. Soundreef, a leading independent management entity in Europe, celebrates this significant victory for the rights of authors, composers, and publishers to choose their representation in the copyright management sector.
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Davide d'Atri Soundreef CEO (Photo: Business Wire)
The Court ruling reads:
"In its judgment, the Court replies that, in so far as the national legislation at issue does not allow independent management entities established in another Member State to provide their copyright management services in Italy, it constitutes a restriction on the freedom to provide services. Although that restriction may in principle be justified by the overriding objective of protecting intellectual property rights, it is not proportionate, as it generally and absolutely precludes any independent management entity established in another Member State from carrying out its activity in the market concerned. The Court points out that measures that are less restrictive of the freedom to provide services might enable the objective to be attained. Consequently, the Court finds that the Italian legislation at issue is not compatible with EU law.
This decision highlights the importance of a liberalized market that welcomes private entities, promoting innovation and offering rightsholders improved management options.
Soundreef has played a crucial role in supporting this change over the last 10 years, together with industry partners, to ensure a more efficient, fair, and forward-looking copyright ecosystem. Soundreef is also the first independent management entity in Europe with a fully operational collection network, ready to leverage this new opportunity to enhance its services to authors, composers, and publishers.
Soundreef already represents over 43,000 songwriters and publishers globally, with 26,000 hailing from Italy. This includes stars such as Gigi D'Alessio, J-AX, Laura Pausini, Ultimo, Alejandro Sanz, and Sfera Ebbasta; heritage and contemporary writers like Giancarlo Bigazzi, Maurizio Fabrizio, Takagi Ketra, and Federica Abbate; as well as some of the most important Italian rap artists and film and TV composers. In addition, SESAC Performing Rights has chosen Soundreef to represent its extensive repertoire in Italy, effective January 1, 2024. Founded in 1930, SESAC Performing Rights currently licenses the public performance of thousands of chart-topping songs on behalf of its top-tier affiliated songwriters and music publishers, which include such familiar names as Bob Dylan, Neil Diamond, Adele, Jack Harlow, Ariana Grande, Disclosure, Zac Brown, Rosanne Cash, Lee Brice, Margo Price, Nicky Jam, Blanco Brown, and many more. SESAC has also long represented the music on some of TV's biggest shows including Grey's Anatomy, How I Met Your Mother, A Million Little Things, Manifest, Dateline NBC, Dr. Phil, Seinfeld, and Modern Family, and is the PRO of choice among many of Hollywood's most sought-after film and television composers including Christophe Beck, Danny Lux, The Newton Brothers, John Ehrlich, Gabriel Mann, Lili Haydn, and Guillermo Brown among others.
E-Lex is, from the very beginning, the law firm that assisted Soundreef in the main disputes in the field of copyright and copyright management. The team, initially led by Guido Scorza (now a member of the Italian Data Protection Authority), is now composed by Professor Giovanni Maria Riccio, the lawyer Adriana Peduto, partners in the firm, and the lawyer Dario Malandrino.
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Contacts:
Elena Aceto
elena@soundreef.com
+39 3511656132