Alert: Simultaneous cable transmission of broadcasts not a communication to the public (AKM v Zürs.net)

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IP & IT analysis: This judgment from the Court of Justice considers a request by Austrian collecting society AKM that cable network operator Zürs.net provide it with information on numbers of subscribers and pay a fee, for making a communication to the public of copyright works. Zürs.net operates a cable network installation, through which it transmits television and radio broadcasts, some of which are broadcast initially by the national broadcasting corporation (ORF) with others initially broadcast by other broadcasters. Approximately 130 subscribers were connected to Zürs.net’s cable network at the time of reference. Zürs.net takes the view that, under Austrian Law on copyright, concerning small installations for a maximum of 500 subscribers, the broadcasts which it distributes cannot be regarded as new broadcasts and that it is therefore under no obligation to provide the information or to pay the fee required by AKM. The Court of Justice held that because the transmission at issue is made through...