IFPI responds to ECJ judgement on Telefonica

Brussels, 29th January 2008

The recording industry will continue its enforcement campaign against Internet piracy, following today’s judgment of the European Court of Justice concerning the protection of intellectual property rights. The ruling in the Promusicae v.Telefonica case confirms that Member States can continue to require disclosure of data in civil proceedings.

The Court examined whether EU law obliges Member States to ensure access to data necessary to initiate civil proceedings, in order to tackle infringements taking place on the Internet.

This judgment states clearly that EU privacy law “does not preclude the possibility for the Member States of laying down an obligation to disclose personal data in the context of civil proceedings.” It also recognises that it could not have been the intention of European lawmakers for EU privacy legislation to be used to block effective protection of property rights.

While the Court states that EU Member States are not obliged to provide for disclosure of data in civil proceedings, the judgment does clearly oblige them to strike a balance between respect for privacy on the one hand and the right to protection of property and to effective remedies on the other. In our view, this should ensure that copyright holders must have the ability to obtain the information they need to enforce their rights and obtain effective remedies.

John Kennedy, IFPI Chairman & CEO, said: “Copyright theft on the internet is the single biggest obstacle to the growth of the music business today. The European Court has confirmed the need to have effective tools to tackle piracy. The judgment means that music rights owners can still take actions to enforce their civil rights, and it has sent out a clear signal that Member States have to get the right balance between privacy and enforcement of intellectual property rights and that intellectual property rights can neither be ignored nor neglected.”

NOTES TO EDITORS

About IFPI

IFPI is the organisation that promotes the interests of the international recording industry worldwide. Its membership comprises some 1,400 major and independent companies in more than 75 countries.