40In the second place, in order to be categorised as a ‘communication to the public’, within the meaning of Article 3(1) of Directive 2001/29, the protected works must also in fact be communicated to a ‘public’ (judgment of 26 April 2017, Stichting Brein, C‑527/15, EU:C:2017:300, paragraph 43 and the case-law cited).
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