The CJEU has handed down its judgment in Atresmedia, finding that:  

  • When a sound recording (phonogram) is incorporated into a video, there is no resulting "separate" right in the sound recording. 
  • The reproduction right and the communication to the public right in the sound recording is not engaged by the video itself - it is only a video.

We're digging in to the decision and considering the potential wider impacts of it. If there is no reproduction or communication to the public of a sound recording once it is incorporated into a video, that suggests:

  • only the sync needs to be cleared when the sound recording is paired with the video; and
  • performers' rights in the sound recording are not engaged by the reproduction / CTP of the video.