CDSM: French transposition Order annulled to the extent that it does not provide for ‘appropriate’ remuneration for authors

Author: Brad Spitz (REALEX)
Published: 28.11.2022
The Conseil d’Etat, the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no. 2021-580 of 12 May 2021 (‘2021 Order’) of the French Government that implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’), to the extent that the 2021 Order does not provide that authors who assign their exclusive rights are entitled to receive ‘appropriate’ remuneration. Some consider that the Government was influenced by the French union of book publishers Syndicat National de l’Edition – SNE when…