Contrary to what was published by Maspalomas24H in the article 'Sentence in the Canary Islands: The Supreme Court overturns the digital levy of AGEDI and AIE on televisions in apartments', the sentence does not declare the general non-existence of remuneration rights managed by AGEDI and AIE in tourist establishments equipped with televisions, nor does it establish that public communication carried out through television sets is excluded, by itself and in general, from the scope of protection recognized by intellectual property legislation.
On the contrary, the resolution analyzes a specific case and focuses the legal debate on the interpretation of the concept of 'phonogram' and on the application of the jurisprudence of the Court of Justice of the European Union that only affects the public communication of audiovisual recordings that contain the fixation of audiovisual works in which phonograms or reproductions of phonograms have been incorporated, maintaining the accrual of rights for the public communication and reproduction of phonograms for their subsequent public communication in those audiovisual recordings that are not audiovisual works that are communicated through television sets made available to the clients of hotel establishments or tourist accommodations.
