- an ‘act of communication’; and
- communication of the work to a ‘public’.
- if a work was first broadcast on terrestrial TV and then streamed via the internet, this would constitute a different technical means of communication;
- conversely, if a work was first published online via a website and a hyperlink to that content was then posted on another website, this would constitute the same technical means (transmission via the internet) .
- where a rights holder initially chooses to makes its work “freely available” to all potential visitors of its website (for instance, by not placing any technical restrictions on access such as placing it behind a paywall), the ‘public’ in the rights holder’s mind consists of all Internet users;
- in those circumstances, where a third party subsequently links to that rights holder’s work, there is no communication to a ‘new public’ because the work is communicated to the ‘same public’ to whom the rights holder had originally intended to communicate the work, i.e. to all Internet users.
|Subject to a technical|
|Whatever you think I did,|
I didn't do it.