C-306/05

SGAE

The following questions have been referred to the Audiencia Provincial de Barcelona - Spain for a preliminary ruling:

• Does the installation in hotel rooms of televisions sets to which a satellite or terrestrial television signal is sent by cable constitute an act of communication to the public which is covered by the harmonisation of national laws protecting copyright provided for in Article 3 of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001?
• Is the fact of deeming a hotel room to be a strictly domestic location, so that communication by means of television sets to which is fed a signal previously received by the hotel is not regarded as communication to the public, contrary to the protection of copyright pursued by Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001?
• For the purpose in protecting copyright in relation to acts of communication to the public provided for in Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, can a communication that is effected through a television set inside a hotel bedroom be regarded as public because successive viewers have access to the work?