DR v NCB – Nordisk Copyright Bureau (Case C-510/10); [2012] WLR (D) 127
“The exception in article 5(2)(d) of and Preamble 41 to Directive 2001/29 which permitted a broadcaster to use their own facilities or ‘those of a person acting on behalf of and under the responsibility of the broadcasting organisation’ to reproduce works by way of ephemeral recordings without the author’s consent, entitled a broadcaster to use a third party to reproduce the works either if that third party acted on their behalf or if they were under the responsibility of the broadcaster.”
WLR Daily, 26th April 2012
Source: www.iclr.co.uk