The Rights To Communicate To The Public , To Make Available To The Public As Basic Rights Of The Performer

One of the main rights reserved to performers is the right to communicate their performances to the public and make them available to public. These rights are particularly significant in the digital age, where new methods of public availability to performances, such as streaming services, hyperlinking, and various other technologies, are rapidly emerging. In light of these developments, Armenian practice does not address the challenges associated with interpreting the rights to rights to publicly communicate performances and make them available to the public. Therefore, this research focuses on exploring the terminological distinctions between the rights to communicate, broadcast and make performances available to the public. The study also analyzes international practices in interpreting these rights, drawing on the precedent set by the European Court of Justice. The research concludes that the right to communicate to the public is a broad right encompassing both broadcasting and making performances available to the public. Additionally, this research identifies several criteria for interpreting the right to communicate performances to the public. The following questions should be evaluated in each instance: • Were the performances communicated to an indefinite number of individuals? An indefinite circle implies making the work available to a group that is not limited to specific individuals within a private group, such as family or close friends. • Was the communication to the public done for profit? • Did the public to whom the performance was made available have alternative means of accessing it? Furthermore, when considering the posting of hyperlinks as communication to the public, the following questions must be addressed: • Was the hyperlink directed to a performance already freely available on the internet? If so, posting the hyperlink would not constitute a violation of the performer’s right to communicate to the public. • Was the hyperlink placed for profit?