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Free keywords:
Communication to the public – Music in public spaces – Decision for the fixation of case law – Binding and authoritative effects – New public – Reception
Abstract:
This case note takes a look at the dilemma with which the Second Instance Court of Coimbra, Portugal, is confronted as the CJEU preliminary ruling it requested on the concept of “communication to the public” in the case Sociedade Portuguesa de Autores offers, for similar facts, a fully different interpretation than an authoritative decision of the Supreme Court of Portugal. Delving, in particular, into the argumentation of the Supreme Court, this comment seeks to present a conciliatory solution for the still pending proceedings at the Court of Coimbra.
