49It must also be stated that although it is true that the profit-making nature of the broadcast of a protective work does not determine conclusively whether a transmission is to be categorised as a ‘communication to the public’ (see, to that effect, judgment of 7 March 2013 in ITV Broadcasting and Others, C‑607/11, EU:C:2013:147, paragraph 43), it is not however irrelevant (see, to that effect, judgment of 4 October 2011 in Football Association Premier League and Others, C‑403/08 and C‑429/08, EU:C:2011:631, paragraph 204 and the case-law cited), in particular, for the purpose of determining any remuneration due in respect of that transmission.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.