CJEU: no “communication to the public” when programme-carrying signals are not accessible to the public, SBS Belgium NV v. SABAM
Article 3(1) of Directive 2001/29/EC (the Infosoc Directive) must be interpreted as meaning that a broadcasting organisation does not carry out an act of “communication to the public” when it transmits its programme-carrying signals exclusively to signal distributors without those signals being accessible to the public (the “direct injection” technique). This judgment by the European…