Hiring out cars with installed radios does not amount to “communication to the public”
The CJEU has published another decision regarding whether a certain service constitutes communication to the public in copyright terms, meaning that right holders need to be remunerated. In the past, the Court has already ruled that broadcasting a football match in a pub (FAPL v. QC Leisure, C‑403/08 and C‑429/08), installation of television sets for patients in a rehabilitation centre (Reha Training v. GEMA, C‑117/15) and installation of televisions and/or radios in hotel rooms (Phonographic Performance, C‑162/10) constitutes communication to the public, whereas playing phonograms on the radio in a dental practice (SCF v. Del Corso, C‑135/10) does not. This time the Court in the case of Stim and SAMI v. Fleetmanager (C-753/18) decided on the service of renting out cars equipped with radio receivers.
The subject of the said judgement was the interpretation of Art. 3 of the Directive 2001/29 providing for a right of communication to the public and right of making available to the public, and Art. 8 of the Directive 2006/115, according to which the user of a phonogram that has been communicated to the public needs to pay fair remuneration to the phonogram producer. The key question is thus, whether the act constitutes communication to the public, for which the CJEU has developed two criteria, namely that the act is an “act of communication” and that the work has been communicated to the “public”.
In relation to the first criterion, the CJEU relied on recital 27 of the Directive 2001/29, which provides that the mere provision of physical facilities for enabling or making a communication does not in itself amount to communication. According to the Court, this extends also to the supply of a radio receiver, integrated into a motor vehicle, which makes it possible to receive, without any additional intervention by the leasing company, the terrestrial radio broadcasts available in the area in which the vehicle is located. Since the first criterion is not met, the Court did not deal with the second one and has ruled that there is no communication to the public.
On January 5, 2022, the Ministry of Economic Development and Technology (MGRT), together with the Intellectual Property Office (URSIL), organized an online consultation. Representatives of URSIL and MGRT first presented to the interested professional public the planned substantive changes to the main solutions of the amended Proposal on Amendments to the Copyright and Related Rights Act (ZASP-I) and the amended Proposal on Amendments to the Collective Management of Copyright and Related Rights Act (ZKUASP-A). Many participants argued that the competent drafter did not provide the interested parties with the amended draft proposals before the discussion, but instead provided all the registered participants only with a meager slide presentation, which was misleading in some places.
OERcamp.global 2021: Presenting the study Remote education during the pandemic – Teacher’s perspective
On December 10th, 2021, at 8.00, at the OERcamp.global 2021, which is a 48-hour conference with practitioners, activists, scientists, nOERds and novices from around the globe, the pre-recorded session of Remote education during the pandemic, Teacher’s perspective will be played. After the played recording, dr. Maja Bogataj Jančič, LL.M., LL.M., Anahita Rezaei (Centrum Cyfrowe) and Teresa Nobre (Communia) will be available to answer the questions. Welcome!
On December 9th, 2021, Career Centers at University of Ljubljana are organizing an online event “Copyright law and Copyrights”, where dr. Maja Bogataj Jančič, LL.M., LL.M will lecture. The lecture will relate to the topic of copyright law and copyrights, and will first guide listeners through the history of copyright, through the philosophical justification of copyright to the current regulation of copyright in Slovenia. Welcome to join us!
On 23rd of November, 2021, the European Commission has published two reports in the field of copyright, as required by Directives 2014/26/EU (CRM Directive) and 2019/790 (DSM Directive). They are supported by two studies: Study on emerging issues on collective licensing management in the digital environment, and Study on selected issues relating to the application of the CRM Directive.