The intellectual property concept of ‘communication to the public’ in Article 3(1) of the InfoSoc Directive is a current issue within the EU, as the means of communication increase all the time due to the fast development of the information society. Accordingly, the CJEU has more than occasionally been instructed to rule upon this provision, as the Member States of the EU are unconfident as to how it should be interpreted. The poor guidance provided for in the preamble of the InfoSoc Directive in terms of how to construe the provision does probably contribute to this confusion. Article 3(1) of the InfoSoc Directive has been subject to disputes as concerns different means of communication, that is to say broadcasting, live performances, streaming and hyperlinking. Broadcasting and streaming are generally considered as communications within the meaning of the provision whereas live performances and hyperlinking have been deemed as falling outside the scope. More in detail, the most important criteria of a ‘communication to the public’ – laid down by the CJEU – suggest that the concept should be interpreted broadly, covering all transmissions and retransmissions where equipment facilitates for communications of signs, sounds or images, regardless of the means used and the nature of the place for the communication. A public refers to an indeterminate but fairly high number of people – considering the potential number rather than the exact number – not present at the place where the communication originates. The gap between the wording of Article 3(1) of the InfoSoc Directive and the developments carried out by the CJEU is considered troublesome since it decreases the legal certainty of the provision. A future recasting of these matters should thus contemplate the possibility to integrate the criteria laid down by the CJEU into the law.

This study proposes a detailed historic account of the life and career of Lionel Bowman as a concert pianist and teacher. The role and relevance of criticism in music have also been included and documented with specific reference to Bowman’s playing. In order to do this, a survey of the available relevant literature such as Bowman’s journal and notebook, published articles, newspaper articles and reviews on the subject were comprehensively examined. Available recorded materials such as compact discs with Bowman’s live performances have been incorporated in the study. Apart from a detailed biographical account of Bowman’s life and career, as an orientation to the historic account, attention is given to how Bowman’s teaching style initiated and its development into a unique and personal method which resulted in the publication of The Magic Touch: For pianists and teachers. A workable practical guide to piano playing by Wallace Tate (2000). The success of this method supported by commentary from several pianists, who experienced Bowman’s method first hand, has been incorporated in the study. Light is also shed on Bowman’s human side including the past and present situation of the arts in South Africa in order for artists in general to learn from it and facilitate new growth and vision of the future of the Arts and Cultural field. Bowman’s final legacy and information about his death, including commentaries from people who knew him as a pianist, teacher and friend has also been documented. The study ends with a concluding chapter summarising the whole study and sheds light on future possible studies on related topics. Copyright / Dissertation (MMus)--University of Pretoria, 2009. / Music / unrestricted