Q&As

The communication to the public of a work is an act restricted by the copyright in a literary, dramatic musical or artistic work, sound recording or film, or a broadcast. What is the legal definition of the word ‘public’? Is the act of showing films in hotel rooms caught by the communication to the public right?

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Published on LexisPSL on 23/04/2020

The following IP Q&A provides comprehensive and up to date legal information covering:

  • The communication to the public of a work is an act restricted by the copyright in a literary, dramatic musical or artistic work, sound recording or film, or a broadcast. What is the legal definition of the word ‘public’? Is the act of showing films in hotel rooms caught by the communication to the public right?
  • Communication to the public
  • Illustration

Communication to the public

The restricted act of communication to the public is relevant to this Q&A. The communication to the public of a work is an act restricted by the copyright in a literary, dramatic musical or artistic work, sound recording or film, or a broadcast (section 20 of the Copyright, Designs and Patents Act 1988).

Practice Note: Copyright infringement and in particular the subsection: Restricted act ‘communicating to the public’ contains a detailed examination of this restricted act. We draw your attention to the Reha training case and the Verwertungsgesellschaft case paragraphs. In Reha training, the Court of Justice clarified the relevant criteria to be used in assessing whether there has been a communication to the public. In the Verwertungsgesellschaft case, the Court of Justice decided that Article 8(3) of Directive 2006/115/EC must be interpreted as meaning that the communication of television and radio broadcasts by means of TV sets installed in hotel rooms does not constitute a communication made in a place accessible to the public against payment of an entrance fee.

See News Analyses:

  1. Communication to the public—broadened and clarified in Reha Train

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