Judgment_paragraph 88 · Recorded Artists Actors Performers Ltd v Phonographic Performance (Ireland) Ltd and Others (C-265/19)

88Since Article 8(2) of Directive 2006/115 is a harmonised rule, it is for the EU legislature alone and not the national legislatures to determine whether the grant in the European Union of that right related to copyright should be limited in respect of the nationals of third States and, if so, to define that limitation clearly and precisely. As the Commission has pointed out in its observations, as EU law currently stands, neither that provision nor any other provision of EU law contains a limitation of that kind.