Source: EURLEX
Language: en
Format: md

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| 5.5.2012 | EN | Official Journal of the European Union | C 133/3 |

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Judgment of the Court (Third Chamber) of 15 March 2012 (reference for a preliminary ruling from the High Court of Ireland — Ireland) — Phonographic Performance (Ireland) Ltd v Ireland, Attorney General

(Case C-162/10)[(1)](#ntr1-C_2012133EN.01000302-E0001)

(Copyright and related rights - Directive 2006/115/EC - Articles 8 and 10 - Concepts of ‘user’ and ‘communication to the public’ - Installation in hotel bedrooms of televisions and/or radios to which the hotelier distributes a broadcast signal)

2012/C 133/05

Language of the case: English

Referring court

High Court of Ireland

Parties to the main proceedings

Applicant: Phonographic Performance (Ireland) Ltd

Defendants: Ireland, Attorney General

Re:

Reference for a preliminary ruling — High Court of Ireland — Interpretation of Articles 8(2) and 10(1)(a) of Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property ([OJ 2006 L 376, p. 28](./../../../legal-content/EN/AUTO/?uri=OJ:L:2006:376:TOC)) — Broadcasting and communication to the public of phonograms — Right to a single equitable remuneration for artists and producers — Concept of ‘user’ and of ‘communication to the public’ — Installation in hotel rooms of televisions and/or radios to which the hotel company distributes a broadcast signal

Operative part of the judgment

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| 1. | A hotel operator which provides in guest bedrooms televisions and/or radios to which it distributes a broadcast signal is a ‘user’ making a ‘communication to the public’ of a phonogram which may be played in a broadcast for the purposes of Article 8(2) of Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property; |

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| 2. | A hotel operator which provides in guest bedrooms televisions and/or radios to which it distributes a broadcast signal is obliged to pay equitable remuneration under Article 8(2) of Directive 2006/115 for the broadcast of a phonogram, in addition to that paid by the broadcaster; |

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| 3. | A hotel operator which provides in guest bedrooms, not televisions and/or radios to which it distributes a broadcast signal, but other apparatus and phonograms in physical or digital form which may be played on or heard from such apparatus, is a ‘user’ making a ‘communication to the public’ of a phonogram within the meaning of Article 8(2) of Directive 2006/115/EC. It is therefore obliged to pay ‘equitable remuneration’ under that provision for the transmission of those phonograms; |

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| 4. | Article 10(1)(a) of Directive 2006/115, which provides for a limitation to the right to equitable remuneration provided for by Article 8(2) of that directive in the case of ‘private use’, does not allow Member States to exempt a hotel operator which makes a ‘communication to the public’ of a phonogram, within the meaning of Article 8(2) of that directive, from the obligation to pay such remuneration. |

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