Application of communication models

This chapter described four different communication models that served as a blueprint in grouping the case law of the CJEU to determine what type of authorisation is required for widening of audience. When types of authorisations are matched with the CJEU case law, a tendency is shown that acts of communication require explicit prior authorisation, whereas in the case of acts of making available in non-controlled environments, failing explicit initial authorisation (since the material is freely available without restrictions), the evaluation concerns whether the rightholder has control over the object of protection (through a licence or through a mechanism of removal of the object of protection). This is not the case when acts of making available in non-controlled environments are made through circumvention. In those instances, explicit prior authorisation is warranted. Conversely, acts of making available in a controlled environment require explicit authorisation - or, failing that, implicit authorisation.