Società Consortile Fonografici (SCF) v Marco Del Corso (C-135/10)

Judgment of 15 Mar 2012

law://eu/cjeu/2010/c-135-10/para_82@2026-11-13

82First, the Court has already stressed the indispensable role of the user. Thus, the Court has held that the operator of a hotel or public house makes a communication to the public within the meaning of Article 3(1) of Directive 2001/29 when it intervenes, in full knowledge of the consequences of its action, to give access to a broadcast containing the protected work to its customers. Without its intervention the customers cannot enjoy the works broadcast, even though they are physically within the broadcast’s catchment area (see, to that effect, SGAE, paragraph 42, and Joined Cases C-403/08 and C-429/08 Football Association Premier League and Others [2011] ECR I-9083, paragraph 195).

Società Consortile Fonografici (SCF) v Marco Del Corso (C-135/10)

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