Communication to the transporting public? CJEU rules in Blue Air and UPFR

The CJEU’s judgment in joined cases C 775/21 and C 826/21, Blue Air and UPFR (20 April 2023) provides the latest instalment to a catalogue of cases on the concept of “communication to the public” in EU law.

The court held that the concept of communication to the public includes broadcasts of musical works as background music on aircraft and trains, but does not include the mere installation of sound systems which enable this background music to be played on board.

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