The Federal Court of Justice (BGH) has ruled that operators of senior residences who receive broadcasts via a satellite dish and then distribute them to residents through a cable network are not obliged to pay royalties to copyright holders or broadcasting companies. This decision was announced by the BGH on Thursday.
The lawsuits originated from collecting societies representing music composers and broadcasters, who argued that the transmission of the programs infringed upon their copyrights. These societies had demanded that the senior residence operator enter into licensing agreements. Initially, the local court sided with the plaintiffs, but the court of appeal rejected their claims.
The BGH confirmed the decision of the court of appeal. According to the court, the forwarding of the programs does not constitute a public performance because neither a new technical process nor a new audience is involved. The residents of the senior residence had already been addressed by the original authorization for the public performance of the works (Judgment of September 3, 2026 – I ZR 34/23 and I ZR 35/23).
