To pay, or not to pay for the provision of music in business premises : An analysis based on the ECJ decisions in case C-162/10 - 15.03.2012 - Phonographic Performance (Ireland) and case C-135/10 - 15.03.2012 - SCF
Institution: | University of Oslo |
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Department: | |
Year: | 1000 |
Keywords: | VDP::346 |
Record ID: | 1276738 |
Full text PDF: | https://www.duo.uio.no/handle/10852/34427 https://www.duo.uio.no/bitstream/10852/34427/1/MasterthesesxICTLxChristinaxIngridxStrobel.pdf |
The theses analyses the question when the provision of music in business premises constitutes an act of “communication to the public” within the meaning of Article 8(2) of Directive 2006/115. The analysis is based on the decisions of the European Court of Justice in case C-162/10 Phonographic Performance(Ireland)and C-135/10 SCF. The judgments are analysed both critically and under the objective to clarify the relevant evaluation criteria for “communication to the public”. Their implications for other relevant situations as well as for German and Norwegian copyright law are furthermore discussed in the theses.