ABSTRACT
The EU right of communication to the public continues to be a controversial topic. Despite the benefit of over 20 decisions since 2006, certainty and predictability continue to be elusive. Understanding the EU communication to the public right has been equivalent to finding a good quality stream on a hyperlink aggregator like ‘firstrowsports’. At the best of times, you get a dodgy link to illegitimate content. As such, this chapter sets out to outline the current test used to determine infringement of the communication to the public right; discuss the context in which communication to the public decisions are decided; highlight the main problems with the right and argue why the Court of Justice of the European Union (CJEU) is still getting it wrong; and finally, analyze how the four pending (at the time of writing) referrals focusing on the application of the communication to the public right are likely to be treated by the CJEU.
