This chapter focuses on the implementation of Article 8 of the WCT and the relevant case law. It will be shown how the umbrella solution of the WIPO Treaties caused a different set of legal and interpretation issues, depending on the approach chosen for implementing them. In the European Union where Article 8 was implemented verbatim, the disputes concerned the definition of ‘communication’ and ‘public’. In the United States, where the legislator opted not to amend the Copyright Act, the disputes concerned the scope of the existing rights under Section 106 in light of the WIPO Treaties obligations. Keywords: making available, communication to the public, copyright, WIPO treaties, United States, European Union
Football Dataco Ltd and others v Sportradar GmbH and another  EWHC 2911 (Ch);  WLR (D) 293, Ch D: Floyd J: 17 Nov 2010.
The act of making available to the public all or a substantial part of the contents of a database by online transmission is committed, and committed only, where the transmission takes place.