For distribution via coaxial cable a hotel does not need a broadcasting organisations permission
12-09-2022 Print this page
No exclusive right for broadcasting organisation regarding cable retransmission. Article 1(3) of the Satellite and Cable-directive (93/83/EEC) must be interpreted as meaning that it does not provide for an exclusive right for broadcasting organisations to authorise or prohibit cable retransmission, within the meaning of that provision. Cable retransmission limited to retransmission by an operator of a classic cable network. No “cable retransmission” in case of the simultaneous, unaltered and unabridged distribution of television or radio programmes broadcast by satellite and intended for reception by the public, where that retransmission is carried out by a person other than a cable operator, within the meaning of that directive, such as a hotel, does not constitute cable retransmission.
Case C‑716/20: Provider of the retransmission not having the status of a cable operator – Simultaneous, unaltered and unabridged distribution of television and radio programmes broadcast by satellite and intended for reception by the public, performed by the operator of a hotel establishment, by means of a satellite dish, a cable and television or radio sets.
Questions:
(1) Must the concept of “cable retransmission”, as provided for in Article 1(3) of [Directive 93/83] be interpreted as meaning that it covers, in addition to the simultaneous transmission by one broadcasting organisation of a broadcast by another broadcasting organisation, the distribution to the public, on a simultaneous basis and entirely by cable, of a primary transmission of television or radio programmes intended for reception by the public (whether or not the person performing that distribution to the public is a broadcasting organisation)?
(2) Does the simultaneous distribution of the satellite broadcasts of a television channel, through television sets installed in hotel rooms, and by means of coaxial cable, constitute a “retransmission” of such broadcasts within the meaning of the concept provided for in Article 1(3) of [Directive 93/83]?
Ruling
Article 1(3) of Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission, read in conjunction with Article 8(1) thereof, must be interpreted as meaning:
– that it does not provide for an exclusive right for broadcasting organisations to authorise or prohibit cable retransmission, within the meaning of that provision, and
– that the simultaneous, unaltered and unabridged distribution of television or radio programmes broadcast by satellite and intended for reception by the public, where that retransmission is carried out by a person other than a cable operator, within the meaning of that directive, such as a hotel, does not constitute cable retransmission.
