"Communication to the public” does not cover broadcasting, free of charge, of phonograms within private dental practices, enjoyed by patients without any active choice on their part

COPYRIGHT - NEIGHBOURING RIGHTS

According to European law, individuals may not rely directly on TRIPS, WPPT and the Rome Convention
 

"56. Having regard to the foregoing considerations, the answer to the first to third questions is:
- the provisions of the TRIPS Agreement and the WPPT are applicable in the legal order of the European Union,
- as the Rome Convention does not form part of the legal order of the European Union it is not applicable there; however, it has indirect effects within the European Union
- individuals may not rely directly either on that convention or on the TRIPS Agreement or the WPPT; [...]"

Concept of “communication to the public” must be interpreted in the light of TRIPS, WPPT and the Rome Convention
 

"56. [...] the concept of ‘communication to the public’ must be interpreted in the light of the equivalent concepts contained in the Rome Convention, the TRIPS Agreement and the WPPT and in such a way that it is compatible with those agreements, taking account of the context in which those concepts are found and the purpose of the relevant provisions of the agreements as regards intellectual property."

“Communication to the public” does not cover broadcasting, free of charge, of phonograms within private dental practices, enjoyed by patients without any active choice on their part
 

"102. Accordingly, the answer to the fourth and fifth questions is that the concept of ‘communication to the public’ for the purposes of Article 8(2) of Directive 92/100 must be interpreted as meaning that it does not cover the broadcasting, free of charge, of phonograms within private dental practices engaged in professional economic activity, such as the one at issue in the main proceedings, for the benefit of patients of those practices and enjoyed by them without any active choice on their part. Therefore such an act of transmission does not entitle the phonogram producers to the payment of remuneration."

IPPT20120315, CJEU, SCF v Del Corso

C-135/10 - ECLI:EU:C:2012:140