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Document 62009CJ0431

Summary of the Judgment

Keywords
Summary

Keywords

Approximation of laws – Copyright and related rights – Directive 93/83 – Satellite broadcasting and cable retransmission – Authorisation from copyright holders – Conditions

(Council Directive 93/83, Art. 2)

Summary

Article 2 of Directive 93/83 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission must be interpreted as requiring a satellite package provider to obtain authorisation from the right holders concerned for its intervention in the direct or indirect transmission of television programmes, unless the right holders have agreed with the broadcasting organisation concerned that the protected works will also be communicated to the public through that provider, on condition, in the latter situation, that the provider’s intervention does not make those works accessible to a new public.

(see para. 84, operative part)

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