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Bundesgerichtshof allows TV signal forwarding in senior homes
The German Federal Court of Justice (BGH) has ruled that operators of senior residential homes are permitted to forward television and radio signals received via satellite to residents' rooms without requiring additional licenses.
Following a previous decision by the European Court of Justice (ECJ), the BGH determined that such forwarding does not constitute a ‘public communication’ under copyright law. Presiding Judge Thomas Koch stated that the programs are relayed simultaneously, unchanged, and in full, meaning no new audience is being reached beyond those intended by the original broadcast permissions.
The court also noted that extending the signal to dining and communal areas does not change this assessment, as these spaces are considered an extension of the residents' private sphere. The ruling concludes two legal disputes brought by GEMA and Corint Media, both of which had argued that the forwarding of satellite signals violated copyrights and required separate licensing agreements.
Entities
Bundesgerichtshof · Corint Media · Europäischer Gerichtshof · GEMA