The Court of Justice has provided clarification on the concept of ‘communication to the public’ in a case related to copyrights within information society services.
The First Chamber of the Court of Justice delivered a judgment in the GEMA case (C-135/23), clarifying the concept of ‘communication to the public’ under Article 3 of Directive 2001/29/EC. The case involved GEMA, a music copyright management organization, and GL, the operator of a block of flats, over the provision of televisions in rental flats that receive broadcasts via indoor antennas.
The Court ruled that the operator’s provision of televisions with indoor aerials constitutes a ‘communication to the public’ if the flats are rented on a short-term basis, such as tourist accommodations. This is because the tenants, considered a ‘new public’, would not have access to the broadcasts without the operator’s intervention.
The Court’s decision emphasizes that such actions are deliberate and aimed at providing an additional service for profit, thus falling under the scope of ‘communication to the public’.