CJEU ruling: standing of co-authors in copyright infringement actions

The Court of Justice of the European Union (CJEU) has handed down its judgment in Case C-182/24 (SACD and others) concerning the compatibility with EU law of a French procedural rule requiring the participation of all co-authors of a cinematographic work in order for an action for copyright infringement to be admissible.

Key points:

• Background to the dispute: between 1967 and 1974, Claude Chabrol produced several films, some in collaboration with Paul Gégauff. Following the transfer of exploitation rights and the death of both authors, their heirs brought legal proceedings alleging breach of contract and copyright infringement.
• Preliminary ruling: the French court asked whether it is compatible with EU law to require all co-authors (or their successors) to participate in the proceedings for the action to be admissible.
• CJEU decision: Such a requirement isnot prohibited, provided that the procedure is reasonable and does not violate the principles of effectiveness and equivalence. If the national rule makes access to justice impossible or excessively difficult, the national court must ensure the effectiveness of the right to judicial protection and, where appropriate, disapply the national provision.
• Legal basis: The CJEU invokes the EU Charter of Fundamental Rights, which protects intellectual property and the right to effective judicial protection. Excessively complex or costly procedures neutralise the right to claim copyright protection.

The CJEU establishes that Member States may require the participation of all co-authors in legal proceedings, but this requirement must not hinder effective access to justice. Otherwise, national courts must ensure the primacy of EU law and the protection of fundamental rights.

Access the full article published in Curia Europea here.