High Definition, Standard Definition and Copyright

Author: Rainer Schultes (Geistwert) and Alexander Schnider (Geistwert)
Published: 16.11.2022
Photo by Donald Giannatti on Unsplash In April 2021, the Austrian Supreme Court referred two questions of principle to the CJEU concerning the activity of a satellite TV package provider (Austrian Supreme Court, 4Ob195/20k). On 22 September 2022, the Advocate General provided his opinion on the case. The questions referred can be summarised as follows: Is Article 1(2)(b) of the Satellite Broadcasting and Cable Retransmission Directive to be interpreted as meaning that a satellite package provider performs an act of exploitation merely in the State in which the programme-carrying signals are input so that his participation cannot lead to an…