The CJEU considered that where the operator of a rehabilitation centre installs television sets at its premises, to which it transmits a broadcast signal thereby enabling patients to view television programmes, and this affects the copyright and related rights of a wide range of interested parties, it must be determined whether such a situation constitutes a ‘communication to the public’ within the meaning of both Article 3(1) of Directive 2001/29 and Article 8(2) of Directive 2006/115, and in accordance with the same interpretive criteria. The CJEU further held that those two provisions must be interpreted as meaning that such a broadcast constitutes an act of ‘communication to the public’.

A full summary of this case has been published on Kluwer IP Law


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