Language of document :

Reference for a preliminary ruling from the High Court of Ireland made on 7 April 2010 - Phonographic Performance (Ireland) Ltd v Ireland and the Attorney General

(Case C-162/10)

Language of the case: English

Referring court

High Court of Ireland

Parties to the main proceedings

Applicant: Phonographic Performance (Ireland) Ltd

Defendant: Ireland and the Attorney General

Questions referred

(i)    Is a hotel operator which provides in guest bedrooms televisions and/or radios to which it distributes a broadcast signal a "user" making a "communication to the public" of a phonogram which may be played in a broadcast for the purposes of Article 8(2) of Codified Directive 2006/115/EC1 of the European Parliament and the Council of 12th December, 2006?

(ii)    If the answer to paragraph (i) is in the affirmative, does Article 8(2) of Directive 2006/115/EC oblige Member States to provide a right to payment of equitable remuneration from the hotel operator in addition to equitable remuneration from the broadcaster for the playing of the phonogram?

(iii)    If the answer to paragraph (i) is in the affirmative, does Article 10 of Directive 2006/115/EC permit Member States to exempt hotel operators from the obligation to pay "a single equitable remuneration" on the grounds of "private use" within the meaning of Article 10(1)(a)?

(iv)    Is a hotel operator which provides in a guest bedroom apparatus (other than a television or radio) and phonograms in physical or digital form which may be played on or heard from such apparatus a "user" making a "communication to the public" of the phonograms within the meaning of Article 8(2) of Directive 2006/115/EC?

(v)    If the answer to paragraph (iv) is in the affirmative, does Article 10 of Directive 2006/115/EC permit Member States to exempt hotel operators from the obligation to pay "a single equitable remuneration" on the grounds of "private use" within the meaning of Article 10(1)(a) of Directive 2006/115/EC?

____________

1 - Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (codified version)OJ L 376, p. 28