Thermenhotel L II, Supreme Court (Oberster Gerichtshof), 31 August 2010
Kluwer Copyright Blog
March 21, 2011
Please refer to this post as:, ‘Thermenhotel L II, Supreme Court (Oberster Gerichtshof), 31 August 2010’, Kluwer Copyright Blog, March 21 2011, http://copyrightblog.kluweriplaw.com/2011/03/21/thermenhotel-l-ii-supreme-court-oberster-gerichtshof-31-august-2010/
According to the Austrian Supreme Court, the EU Copyright Directive 2001/29/EC harmonises the right of communication to the public, assuming a consistent European term of publicity. The right of communication to the public is characterised by an element of distance. Therefore, the distribution by a hotel of a broadcast via TV to the TV-sets situated its guest rooms falls under the term of “communication to the public” regardless of the technical way in which the signal is being distributed.