Copyright : the concept of “Act of communication to the public” and “Reception by the public”

United Kingdom

Ruling on a 234 preliminary question, the ECJ has decided that the question whether the reception by a hotel establishment of satellite or terrestrial television signals and their distribution by cable to the various rooms of that hotel is an “Act of communication to the public” or “Reception by the public” is not governed by Directive 93/83/EEC on the co-ordination of certain rules governing copyrights and rights related to copyrights applicable to satellite broadcasting and cable re-transmission. The question must therefore be decided in accordance with national law. (Egeda and Hostelleria Asturiana SA (HOASA), Case C-293/98, opinion of the advocate general delivered on 09/09/99, judgement of 03/02/00).