ABSTRACT
This chapter explores to applying the Framework for Constructing Digital Perspectives to copyright infringement by way of communication to the public. It focuses on the historical development of the communication right, considering the context of the current statutory law in order to understand the intention behind it. The chapter also focuses on the key elements of the right including the public and electronic transmission. It considers the first appearance of the communication right, looking at the international and European influences. The purpose of the right consolidated under the Berne Convention was clearly to protect the offline communication of their work through broadcast. The development of the communication right from regulating offline broadcast to online activity created a new right to make the work available to the public by electronic transmission, in such a way that members of the public may access it from a place and at a time individually chosen by them.
