Distribution of programs via direct injection constitutes no communication to the public
19-11-2015 Print this page
No act of communication to the public at ‘point to point’ transmission of programme-carrying signals to distributors
"34. In the light of all the foregoing considerations, the answer to the question referred for a preliminary ruling is that Article 3(1) of Directive 2001/29 must be interpreted as meaning that a broadcasting organisation does not carry out an act of communication to the public, within the meaning of that provision, when it transmits its programme-carrying signals exclusively to signal distributors without those signals being accessible to the public during, and as a result of that transmission, those distributors then sending those signals to their respective subscribers so that they may watch those programmes, unless the intervention of the distributors in question is just a technical means, which it is for the national court to ascertain."
IPPT20151119, CJEU, SBS v Belgium
C-325/14 - ECLI:EU:C:2015:764
