IEPT20111124
COPYRIGHT
Communication to a public: a public which is not present: no direct physical contact
• In the light of the foregoing, the answer to Questions 1 and 2 is that Directive 2001/29 and, more specifically, Article 3(1) thereof, must be interpreted as referring only to communication to a public which is not present at the place where the communication originates, to the exclusion of any communication of a work which is carried out directly in a place open to the public using any means of public performance or direct presentation of the work
IEPT20111124, ECJ, UCMR – ADA v Circus Globus