Judgment_paragraph 45 · Nederlands Uitgeversverbond and Groep Algemene Uitgevers v Tom Kabinet Internet BV and Others (C-263/18)

45It thus follows from that explanatory memorandum that the intention underlying the proposal for the directive was that any communication to the public of a work, other than the distribution of physical copies of the work, should be covered not by the concept of ‘distribution to the public’, referred to in Article 4(1) of Directive 2001/29, but by that of ‘communication to the public’ within the meaning of Article 3(1) of that directive.