The right of communication to the public

The author shall have the exclusive right to communicate and make available to the public his works by any means of communication (art. 16 of author's right legislation) including the radio, television, satellite broadcasting, retransmission by cable.

The right of communication to the public referred to in articles 16 and 16 bis of author’s right legislation shall govern radio and television broadcasting, including satellite broadcasting, cable retransmission and the acts of communication to the public that are subject to special conditions (pay TV), as well as “the making available of the work, in such a way that members of the public may access them from a place and at a time individually chosen by them”. Such definition refers to the transmission on “point to point” telematic networks (such as on demand services).

The right of communication to the public shall not be exhausted by any of the above acts of communication or making available to the public (art. 16, paragraph 2 of author's right legislation). Each individual act of communication, therefore, requires a separate authorisation by the authors and all those who have participated in the making of the work.