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Case C-135/23, GEMA: Judgment of the Court (First Chamber) of 20 June 2024 (request for a preliminary ruling from the Amtsgericht Potsdam – Germany) – Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte eV (GEMA) v GL (Reference for a preliminary ruling – Intellectual property – Copyright and related rights – Directive 2001/29/EC – Article 3(1) – Communication to the public – Concept – Mere provision of physical facilities – Provision in apartments of television sets equipped with an indoor antenna enabling signals to be picked up and broadcasts to be made – Profit-making nature – Principle of technological neutrality)
ECLI:EU:UNKNOWN:62023CA0135
62023CA0135
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C/2024/4698
(Case C-135/23,
(Reference for a preliminary ruling - Intellectual property - Copyright and related rights - Directive 2001/29/EC - Article 3(1) - Communication to the public - Concept - Mere provision of physical facilities - Provision in apartments of television sets equipped with an indoor antenna enabling signals to be picked up and broadcasts to be made - Profit-making nature - Principle of technological neutrality)
(C/2024/4698)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte eV (GEMA)
Defendant: GL
Operative part of the judgment
Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
must be interpreted as meaning that the concept of ‘communication to the public’, referred to in that provision, covers the deliberate provision, by the operator of a rented apartment building, of television sets equipped with an indoor antenna that, without further intervention, pick up signals and enable broadcasts to be made, provided that the tenants of those apartments can be regarded as a ‘new public’.
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Language of the case: German
ELI: http://data.europa.eu/eli/C/2024/4698/oj
ISSN 1977-091X (electronic edition)
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