CJEU blows the trumpet for Belgian Orchestra Musicians: Exclusive Performance rights restored. Medien und Recht International, Heft 1, Seite 8, 2025

Background of the Case After several unsuccessful negotiation rounds between the Belgian National Orchestra (Orchestre national de Belgique - ONB) and representatives of its' statutory employees concerning the transfer of exploitation rights to the orchestra, the Belgian State enacted a Royal Decree. The law required all musicians of the ONB (as employed under administrative law) to mandatorily transfer their related rights on their performances to the orchestra, in consideration for a flat remuneration rate for their entire duration, with effective from 4 th June 2021. Only a few days later - on 7 th June - the transposition period of the EU's DSM Directive 2019/790 expired. Unsatisfied with the mandatory transfer of rights, the musicians of the orchestra challenged the law before the Council of State, for violating mandatory contractual safeguards in Art 18 to 23 DSM Directive.