Link of a private radio on an internet platform – Infringement of the broadcasting right

A private radio program is broadcasted terrestrial and also made available on the internet by streaming. Another company made available a collection of links of freely accessible streams of digital radio providers on an internet platform. After clicking on a link but before the selected program is audible, a commercial is broadcasted by which revenues are earned. In this way the pre-roll advertisments of the operator of the private radio station are suppressed. The Supreme Court held that such a link to the web program of the radio is a violation of the broadcasting right according to § 76a UrhG (copyright act), because in this way the terms of use are being bypassed (here: bypass of the pre-roll advertisment of the radio station). The fact that the music contents could theoretically be reached even without the use of the links does not alter the infringement. [OGH 23.02.2016, 4 Ob 249/15v]