Key legal question
Whether the Federal Arbitration Commission had competence to approve Tariff VN for film music and audiovisual use.
Extracted holding
Yes. The tariff concerns the collective exploitation of exclusive rights to reproduce and use non-theatrical musical works in audiovisual production, which falls under federal supervision.
Extracted reasoning
Film music is not excluded as theatrical music; Art. 40(1)(a) URG covers the collective exploitation of exclusive rights for the making of sound or audiovisual recordings of non-theatrical music. The distinction between synchronization and reproduction matters: synchronization is outside supervision, but reproduction and use regulated in the tariff are supervised.