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 2025

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

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

Attorneys explain why there are early signs that the US Supreme Court could rule in favour of ISP Cox in a copyright dispute
A swathe of UPC-related hires suggests firms are taking the forum seriously, as questions over the transitional stage begin
A win for Nintendo in China and King & Spalding hiring a prominent patent litigator were also among the top talking points
Rebecca Newman at Addleshaw Goddard, who live-reported on the seminal dispute, unpicks the trials and tribulations of the case and considers its impact
Attorneys predict how Lululemon’s trade dress and design patent suit against Costco could play out
Lawyers at Linklaters analyse some of the key UPC trends so far, and look ahead to life beyond the transition period
David Rodrigues, who previously worked at an IP boutique, said he may become more involved in transactional work at his new firm
Indian smartphone maker Lava must pay $2.3 million as a security deposit for past sales, as its dispute with Dolby over audio coding SEPs plays out
Powell Gilbert’s opening in Düsseldorf, complete with a new partner hire, continues this summer’s trend of UPC-related lateral movement
IP leaders at Brandsmiths and Bird & Bird, who were on opposing sides at the UK Supreme Court in Iconix v Dream Pairs, unpick the landmark case and its ramifications
Gift this article