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Showing posts with the label Verwertungsgesellschaft Rundfunk GmbH v Hettegger Hotel Edelweiss GmbH C-641/15; AG Szpunar

AG Szpunar says that the notion of "places accessible to the public against payment of an entrance fee" does not apply to hotel rooms

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AG Szpunar Under the  Rental and Lending Rights Directive , among other things, broadcasting  organisations have  the exclusive right to authorise or prohibit the communication to the public of their broadcasts in places accessible to the public against payment of an entrance fee.  More specifically, Article 8(3) of that directive provides that: "Member States shall provide for broadcasting organisations the exclusive right to authorise or prohibit the rebroadcasting of their broadcasts by wireless means, as well as the communication to the public of their broadcasts if such communication is made in places accessible to the public against payment of an entrance fee." Are hotel rooms included in the notion of "places accessible to the public against payment of an entrance fee"? This is the issue on which the  Handelsgericht Wien (Commercial Court, Vienna) is seeking guidance from the Court of Justice of the European Union...