The Norwegian Supreme Court confirmed that the distribution of copyright protected works via music channels was a distribution that required clearance from the rightholder. The judge held that when a distribution happens as a consequence of signals being taken down from a satellite transmission not meant for the public, as in the case under consideration, there is no retransmission in accordance with NCA § 34. Consequently, the extended collective licence option provided by this section was not available and the broadcaster had to clear for use in the normal way e.g. by negotiation with the right holder.
A full summary of this case has been published on Kluwer IP Law
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