Abstract
Ziggo is the most recent CJEU decision in the string of case law concerning the EU right of communication to the public. The CJEU has continued to expand the scope of the communication to the public right as evidenced in its recent decisions – GS Media, Filmspeler and Ziggo. Though the expansion comes as no surprise given the trajectory set in GS Media, Ziggo nonetheless raises several questions. This article focuses on two of these issues, the diminished threshold for ‘communication’ and the overlap with secondary liability created by the adoption of the ‘knowledge’ criterion. In order to contextualise these two problems, the impact of the Ziggo decision on the UK is explored. Emphasis is placed on reconciling the CJEU’s post-GS Media approach to the communication to the public right with the approach of the UK courts, that began as early as 2010.
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