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CJEU decides on communication of broadcasts by TV sets installed in hotel rooms

Upon request for preliminary ruling lodged by the Commercial Court Vienna, the CJEU held that the communication of television and radio broadcasts by means of TV sets installed in hotel rooms does not constitute a communication made in a place accessible to the public against payment of an entrance fee. Although the distribution of a signal by means of TV and radio sets installed in hotel rooms constituted an additional service which had an influence on the hotel’s standing and, therefore, on the price of rooms, it could not be considered that that additional service was offered in a place accessible to the public against payment of an entrance fee. Consequently, the communication to the public of TV and radio broadcasts by means of TV and radio sets installed in hotel rooms does not fall within the scope of the exclusive right of broadcasting organisations provided for in Article 8(3) of Directive 2006/115.

CJEU Feb. 16, 2017, C‑641/15 - Verwertungsgesellschaft Rundfunk