Right of communication to the public in the EU: plus ca change, plus c'est la meme chose!

Two recent ECJ preliminary rulings pertaining to the communication to the public right contained in art.3(1) of Directive 2001/29 illustrate that despite the extensive amount of case law handed down by the Court relating to this key right, there are still "grey" areas requiring clarification. This article assesses these rulings and how the Court has addressed several relevant issues while attempting to achieve and maintain judicial certainty.