In a judgment delivered last week on 1 September 2023 by the Western High Court of Denmark (Østre Landsret), it ruled that the regional authority – Region Midtjylland (Middle Jutland Region) – which has the responsibility for health care in that part of Denmark, must pay the copyright license collector – Copydan Verdens TV – for showing TV and playing radio in hospitals.
The regional authoriting believed that such showing/playing did not amount to a communication to the public, and thus, did not have to pay remuneration to the rights holders. By contrast, the license collector for rights holders were of the view that such broadcasts to people in wards and waiting rooms throughout the hospital network, and thus, was a communication to the public.
The Western High Court held in favour of the rightsholders, which stated that the regional authority must pay for their broadcast, regardless of whether they are public-service channels or commercial channels. For a four-year period there (2019-2022), the regional authority must pay the license collector a sum of 10m DKK.
In its ruling, EU law played an extensive role, given the existence of the Copyright and Information Society Directive (Directive 2001/29).
More information on the intellectual property judgment of the Western High Court in Case BS-4136/2021-VLR, Copydan Verdens TV v Region Midtjylland in can be found here.