AG Bot on the right of communication to the public in rehabs and the need for a 'transmission': is the end of Svensson in sight?
After hotels [ here ] , dentist waiting rooms [ here ] , and spas [ here ] , it is now the turn of rehabilitation centres. This morning Advocate General (AG) Yves Bot made a comeback to the copyright scene and issued his Opinion in Reha Training , C-117/15. This is a reference for a preliminary ruling to the Court of Justice of the European Union (CJEU) from the Landgericht Köln (Regional Court, Cologne), seeking clarification on - guess what (once again) - the right of communication to the public. This German court is essentially asking essentially whether [the questions in full can be accessed here ] : the making available of TV broadcasts by means of TV sets on the premises of a rehabilitation centre falls within the scope of Article 3(1) of the InfoSoc Directive and Article 8(2) of the Rental and Lending Rights Directive ; and the concept of ‘communication to the public’ for the purpos...