[A2k] First ECJ ruling on InfoSoc Directive 2001/29/EC - Article 3 - Concept of communication to the public

[Barbara Stratton]

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Apologies for cross-posting

Sociedad General de Autores y Editores de Espa=F1a (SGAE) v Rafael Hoteles =
SA

First ECJ judgment on InfoSoc Directive 2001/29/EC Article 3 Concept of
communication to the public Works communicated by means of television sets
installed in hotel rooms.

The Court (Third Chamber) hereby rules:

1.      While the mere provision of physical facilities does not as such
amount to communication within the meaning of Directive 2001/29/EC of the
European Parliament and of the Council of 22 May 2001 on the harmonisation =
of
copyright and related rights in the information society, the distribution o=
f a
signal by means of television sets by a hotel to customers staying in its
rooms, whatever technique is used to transmit the signal, constitutes
communication to the public within the meaning of Article 3(1) of that
directive.

2.      The private nature of hotel rooms does not preclude the communicati=
on
of a work by means of television sets from constituting communication to th=
e
public within the meaning of Article 3(1) of Directive 2001/29.

ECJ Case C-306/05 07/12/06
http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=3DEN&Submit=3Drecherche&=
numaff=3DC-306/05[1]

So now we know we are the public when in our hotel rooms.

Seasonal greetings to everyone

Barbara

Barbara Stratton

Senior Adviser, Copyright at CILIP: the Chartered Institute of Librarians a=
nd
Information Professionals, UK

Member, Copyright Expert Group, EBLIDA: European Bureau of Library,
Information and Documentation Associations

Member, IFLA (International Federation of Library Associations and
Institutions) Copyright and Other Legal Matters Committee

www.cilip.org.uk[2]   www.cilip.org.uk/laca[3]  http://www.eblida.org[4]
http://www.ifla.org/III/clm/copyr.htm[5]

=3D=3D=3DReferences:=3D=3D=3D
  1. http://curia.europa.eu/jurisp/cgi-bin/form.pl?lang=3DEN&Submit=3Dr=
echerche&numaff=3DC-306/05
  2. http://www.cilip.org.uk
  3. http://www.cilip.org.uk/laca
  4. http://www.eblida.org
  5. http://www.ifla.org/III/clm/copyr.htm