“‘Communication to the public’ for the purposes of article 8(2) of Directive 92/100/EEC did not cover the broadcasting, free of charge, of phonograms within private dental practices engaged in professional economic activity for the benefit of patients of those practices and enjoyed by them without any active choice on their part. Therefore such an act of transmission did not entitle the phonogram producers to the payment of remuneration.”
WLR Daily, 15th March 2012
Source: www.iclr.co.uk