Copyrights are partly harmonized at he EU level. One of those rights is the right of communication to the public. The Court of Justice of the European Union (hereinafter: the Court) has developed considerable case-law on the matter. Communication to the public consists of two elements, an „act of communication“ and a „public“. The Court uses a number of criteria in determining an act of communication to the public. Some of those criteria sometimes produce contradictory results, and cases with similar fact are decided using different criteria. This paper analyses the advantages and drawbacks of using the profit-making nature criterion. With this criterion, the Court examines whether the party that committed an act of communication to the public without the authorization of the relevant rightsholder did so with the expectation of financial gain, either directly or indirectly. The second part of the paper is focused on the secondary liability of intermediaries in acts of communication to the public. The chapter examines the criteria that the Court used when the Information Society Directive was in power, as well as how the Court will interpret this issue when it will be regulated by the Digital Single Market Directive. The main criteria used by the Court were the criterion of the indispensable role of the intermediary in the act of communication to the public, and the criterion of deliberate nature of the intermediary in the act. Lastly, the paper analyses other factors, not connected to the legal regulation of this right, which contribute to unauthorized access of protected works. Most important such factors are the income and population age, and the existence of legal alternatives.