The CJEU delimits the concept of "communication to the public" in internal broadcasts in residences

The Court of Justice of the European Union (CJEU) has ruled in Case C 127/24 (GEMA v. VHC 2 Seniorenresidenz), concerning the interpretation of Article 3(1) of Directive 2001/29/EC in the context of the retransmission of television and radio programmes within a nursing home by means of an internal cable network. The judgment addresses whether such retransmission constitutes an act of "communication to the public", in particular as regards the existence of a "public" and a "new public".

Key points:

• Act of communication: the CJEU confirms that the deliberate retransmission of protected broadcasts within the residence, even if simultaneous, in full and unaltered by means of an internal network, constitutes in itself an act of communication.
• Concept of "public": not every group of recipients meets this requirement. The Court emphasises that a specific, stable and closed group (such as residents) may not fall within the notion of "public" in Article 3(1).
• Determination of the "new public": the decisive element is whether the retransmission reaches an audience not envisaged by the rightholders when authorising the initial communication.
• No "new public" in this case: when the retransmission is internal, simultaneous and addressed to a closed group, no new public is considered to exist, which excludes the qualification as "communication to the public".
• Role of the technical means: the use of an internal cable network is not in itself decisive, being secondary to the analysis of the audience and the scope of the communication.
• Delimitation of the concept: the judgment confirms that the redistribution of signals in collective environments does not automatically imply communication to the public, requiring a case-by-case assessment.
• Practical consequences: the ruling limits the enforceability of licences in cases of internal redistribution in closed environments, where there is no relevant new making available from a copyright perspective.

Article written by the TMT area of ECIJA Madrid.

Links:

• Judgment of the Court of Justice (First Chamber) of 30 April 2026 (C-127/24, GEMA).