The case is Reha Training, C-117/15, a reference for a preliminary ruling from the Landgericht Köln (Regional Court, Cologne) asking essentially whether [the questions in full can be accessed here]:
- the making available of TV broadcasts by means of TV sets on the premises of a rehabilitation centre falls within the scope of Article 3(1) of the InfoSoc Directive and Article 8(2) of the Rental and Lending Rights Directive;
- and the concept of ‘communication to the public’ for the purposes of those two provisions must be given a uniform interpretation.
|A Reha Training room|
- The operator of a rehabilitation center deliberately transmits protected works to patients by means of TV sets installed in several places on his premises. As such, he is committing an 'act of communication';
- The patients of a rehabilitation centre constitute a 'public' that can enjoy the works broadcast by means of TV sets thanks to the indispensable intervention of the centre operator;
- This public is also 'new' in that it was not
taken into account by the relevant
A new public always needed?
- A 'new public'-fits-all?
- Does a communication require a transmission? Possible impact on GS Media
|Any hint as to the forthcoming |
outcome of GS Media?