On 28 October 2020, The EUCJ ruled in case C-637/19 that the transmission by electronic means of a protected work to a court, as evidence in judicial proceedings between individuals, is not a ‘communication to the public’ as it is communicated to a clearly defined and closed group of persons holding public service functions within a court, and not to an indeterminate number of potential recipients. Again, the Court takes into account the fundamental rights of users of protected subject matter, and in particular their right to an effective remedy, to support its decision.
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