In a joint decision of two cases (one concerning airplanes, the other – trains), the CJEU made three important decisions:

• Broadcasting musical work as background music in a means of transportation constitutes a communication to the public.
• The installation of sound equipment (and where necessary – software equipment) to broadcast music on board a means of transportation does not constitute a communication to the public.
• Rebutable presumption established: musical works are communicated to the public because of the presence of sound systems in the means of transportation.

For businesses in the transportation sector this means that playing music – even as background sound – can land them in copyright infingement trouble. However, businesses are free to install any sound and software equipment, as having it in means of transportation does not immediately mean that protected music was played.