Double trouble: fresh CJEU reference from Swedish Supreme Court regarding scope of communication to the public inside cars

Swedish Collective Management Organisation (STIM) and the Swedish Artists’ and Musicians’ Interest Organisation (SAMI) brought two separate proceedings against two companies that operate in the automobile leasing/renting industry. Both cases followed missed payment (since 2014) of yearly licensing fees to STIM and SAMI, and they are currently pending before the Swedish Supreme Court. This has now decided to stay the proceedings, and ask the Court of Justice of the European Union (CJEU) to clarify the scope of communication to the public in Article 3(1) of Directive 2001/29 (InfoSoc Directive) and Article 8(2) of the Directive 2006/115 (the Rental Rights Directive). The first case was brought by STIM against Fleetmanager, a company that leases vehicles, primarily to companies. The cars are equipped with built-in radio systems and are usually rented out to customers for a period of 29 days or less (short-term hire). The second case was brought by SAMI…

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