EU court: Retransmitting free TV programmes infringes copyright

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

EU court: Retransmitting free TV programmes infringes copyright

tv-catchup-45.jpg

The Court of Justice of the EU has ruled that a service provided by UK company TVCatchup infringes copyright because it falls within the definition of a “communication to the public”

TVCatchup streams terrestrial TV channels over the internet, checking that the viewer has a TV licence and is therefore legally allowed to watch those channels.

It was sued by several British commercial broadcasters in the UK High Court, which referred one question on EU law to the Court of Justice: does the service qualify as a “communication to the public” under the Copyright Directive

tv-catchup-200.jpg

The Court answered the question in two parts – whether the service was a communication and whether it was to a public, as defined.

As the TVCatchup service used “a specific technical means different from that of the original communication” it qualified as a communication. And the Court pointed out that each transmission or retransmission would require authorisation from the broadcast’s author.

The TVCatchup audience also counted as a public, as the target audience was large – everyone in the UK with a TV licence and an internet connection. It also pointed out that the calculation was cumulative, adding up all the people reached over the lifetime of the service.

In conclusion, the Court said that:

“The concept of ‘communication to the public’, within the meaning of Directive 2001/29, must be interpreted as covering a retransmission of the works included in a terrestrial television broadcast, where the retransmission is made by an organisation other than the original broadcaster, by means of an internet stream made available to the subscribers of that other organisation who may receive that retransmission by logging on to its server, even though those subscribers are within the area of reception of that terrestrial television broadcast and may lawfully receive the broadcast on a television receiver.”

TVCatchup responded by saying it would continue to fight the case at the High Court, arguing that such a ruling would also prevent services such as Virgin Media and BT Vision from transmitting terrestrial channels.

Those channels also only make up around 30% of the TVCatchup service, with the rest comprising digital channels that use TVCatchup as a means of streaming online.

The full ruling can be seen here.

more from across site and SHARED ros bottom lb

More from across our site

Armstrong Teasdale’s Jim Heinen Jr discusses the challenge of balancing billables, business development and family life and explains why not all patent lawyers are science nerds
From cross-border jurisdiction to the end of the transitional period, Powell Gilbert’s Ioana Sabau and Bryce Matthewson predict the biggest talking points ahead
A wave of office launches and lateral hires reflect the draw of patent disputes, but booming AI, semiconductor and data centre markets are offering an even bigger IP opportunity
The hire of Frederick Nicolle as a partner continues Pinsent Masons' expansion while reducing Simmons’ patent prosecution offering in London to zero
The expansion into Granada forms part of a national ‘decentralisation’ strategy focused on providing proximity to research and tech businesses away from traditional hubs
Three successive wins have got the firm eyeing additional opportunities as ITC work booms
While many firms remain focused on generative AI, recent hires and practice launches suggest the next battle may be for lawyers who understand how AI is moving into the physical world
The explosion of data centres has prompted patent pool operators to create new licensing opportunities
The court struck out copyright claims brought by Ladbrokes owner Entain, saying that ownership details should have been completed before litigation began
Düsseldorf has overtaken Munich as the UPC's busiest division, while firms including Winston Taylor, Clifford Chance, and Hoyng Rokh Monegier featured in disputes involving Abbott, Essity, Amazon and Hurom
Gift this article