In an important judgement, the European Court of Justice has ruled in the Joined Cases C‑775/21 and C‑826/21, examining the implications of broadcasting background music and the related remuneration. The case particularly addressed the provision of physical facilities and sound equipment on board trains and aircraft, considering whether possession of technical means alone can constitute communication to the public.
The ruling posted by JDSupra has a significant impact on Greek case law and business practices, particularly in relation to the use of in-store or background music in business premises. This builds upon a perspective initially published on http://www.lexology.com by the International Lawyers Network.
Delving in detail, the cases undertook a comprehensive examination of what constitutes ‘equitable remuneration’ within a broadcast setting. The age-old question of the scope of ‘communication to the public’ in a digital age was also revisited. Both issues are been of significant importance to the media and entertainment industry, particularly in an era of streaming services and transient physical spaces such as trains and aircraft.
The role of physical facilities and the presumption of communication to public as a result of possession of technical means, particularly on transit vehicles, has now been explored in depth by the court. The verdict thus has substantial implications for those providing such services, along with repercussions for businesses that use in-store or background music.
With this judgement, the European Court of Justice moves towards a more nuanced understanding of broadcasting rights and creates a fairer balance between the rights of composers and the businesses that play their works as background music.
In conclusion, the ruling in Joined Cases C‑775/21 and C‑826/21 demonstrates the evolving legal landscape around intellectual property rights and challenges the pre-existing norms surrounding the broadcast of background music.