- In brief: Broadcasting in hotel rooms (Verwertungsgesellschaft Rundfunk GmbH v Hettegger Hotel Edelweiss GmbH)
- Original news
- What was this case about?
- What did the Advocate General opine?
- What should IP lawyers take note of?
IP analysis: Advocate General Szpunar has concluded that a hotel room is not a ‘place made accessible to the public against payment of an entrance fee’ for the purposes of the exclusive right for broadcasting organisations to authorise or prohibit the communication to the public of their broadcasts under article 8(3) of the Rental and Lending Right Directive. If the Court of Justice of the European Union (CJEU) decides to follow his Opinion, this would mean that hotels are free to furnish their rooms with television sets broadcasting television channels without being liable to pay fees to broadcasters (or collecting societies on their behalf) under the article 8(3) broadcasters’ right. Lucie Fortune, Associate at Bristows LLP considers the case of Verwertungsgesellschaft Rundfunk GmbH v Hettegger Hotel Edelweiss GmbH.
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