EU—Broadcasting

The concept of “communication to the public”, within the meaning of Art 3(1) of Directive (EC) 2001/29 of the European Parliament and of the Council (on the harmonisation of certain aspects of copyright and related rights in the information society), should be interpreted as meaning that it covered a retransmission of the works included in a terrestrial television broadcast—where the retransmission is made by an organisation other than the original broadcaster—by means of an internet stream made available to the subscribers of that other organisation who might receive that retransmission by logging on to its server—even though those subscribers were within the area of reception of that terrestrial television broadcast and might lawfully receive the broadcast on a television receiver. It was not irrelevant that a “communication” within the meaning of Art 3(1) of the Directive was of a profit-making nature. However, a profit-making nature was not necessarily an essential condition for the existence of a communication to the public. Consequently, a