Court of Justice of the European Union: Judgment of the Court in joined cases C-775/21 and C-826/21. The broadcasting of a musical work as background music in a means of passenger transport constitutes a communication to the public within the meaning of E

The Court of Justice of the European Union (CJEU) ruled in joined Cases C 775/21 and C 826/21 as follows:

The broadcasting of a musical work in the form of background music on board a means of passenger transport constitutes a presentation to the public.
The installation on board of a means of transport of loudspeaker equipment and, where appropriate, software enabling the transmission of background music does not constitute a presentation to the public.
Article 8 par. 2 of Directive 2006/115 must be interpreted as precluding national legislation, as interpreted by the national courts, which establishes a rebuttable presumption that musical works are communicated to the public because of the presence of sound systems in means of transport.

That judgment relates exclusively to means of passenger transport.

Find the judgements here.