The Court reached the conclusion that since the cumulative criteria that formed the necessary condition for assessing “communication to the public” were not fulfilled, there was no communication of sound recordings to the public when a car rental company rented out rental cars equipped with a built-in radio. Consequently, Nordisk Biluthyrning was not liable to pay SAMI for any use of the sound recordings.
Case date: 17 January 2018
Case number: PMT 3547-17
Court: Patent and Market Court of Appeal of Sweden
A full summary of this case has been published on Kluwer IP Law.