Copyright: Case Note: C-293/98 Entidad de Gestion de Derechos de los Productores Audiovisuales v Hostelaria Asturiana SA

This was a preliminary reference from the Oviedo Court of First Instance under article 234 of the Treaty of Rome.   

The European Court held that the Term Directive (Council Directive 93/83/EEC of 27 September 1993 on the co-ordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable re-transmission) had no application to a claim against the defendant hotel by a collecting society for injunctions to restrain re-diffusion of satellite television signals to hotel rooms without the society’s consent.

The Directive neither requires member states to introduce a specific cable re-transmission right nor defines the scope of such right. They are obliged merely to ensure compliance with relevant copyrights and related rights when programmes from other member states are re-transmitted within their territory. Interestingly, the Commission submitted that the re-diffusion of television programmes to a large number of rooms might fall within arts 11 (1) (ii) and 11bis (1) (ii) of the Bern Convention which the Spanish government had an international obligation to enforce.

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About Jane Lambert

I am a barrister specializing in intellectual property, technology, media and entertainment and competition law. I specialize in helping SME (small and medium enterprises) protect and exploit their investment in brands, design, technology and the arts. SME require intellectual property (legal protection for their intellectual assets) at least as much as big business but their limited means restrict the way they can use it. Looking after such clients wisely requires skills and knowledge which have taken me years to learn.
This entry was posted in broadcast, Copyright Act 1956, Egeda v Hoasa. Bookmark the permalink.

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