Judgment_paragraph 24 · FT and Others v Belgian State (C-575/23)

24Recitals 4 and 72 of Directive 2019/790 state:(4) This Directive is based upon, and complements, the rules laid down in the directives currently in force in this area, in particular [Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ 1996 L 77, p. 20), and Directives 2001/29 and 2006/115].…(72) Authors and performers tend to be in the weaker contractual position when they grant a licence or transfer their rights, including through their own companies, for the purposes of exploitation in return for remuneration, and those natural persons need the protection provided for by this Directive to be able to fully benefit from the rights harmonised under Union law. That need for protection does not arise where the contractual counterpart acts as an end user and does not exploit the work or performance itself, which could, for instance, be the case in some employment contracts.’

FT and Others v Belgian State (C-575/23)

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