68In that regard, if the mere fact that the use of sound equipment and, as appropriate, software, is necessary in order for the public to be able actually to enjoy the work resulted automatically in the intervention of the operator of that system being classified as an ‘act of communication’, any ‘provision of physical facilities for enabling or making a communication’, including where the presence of such facilities is required by the national legislation governing the activity of the transport operator, would constitute such an act, which is, however, expressly excluded by recital 27 of Directive 2001/29 (see, to that effect, judgment of 22 June 2021, YouTube and Cyando, C‑682/18 and C‑683/18, EU:C:2021:503, paragraph 79).
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