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

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

Maria Peyman, head of IP at Birketts, explains why the firm is adopting a ‘seamless approach’ for clients by integrating two of its practice areas
Matthew Swinn, who leads the firm’s IP practice, discusses why Mallesons is well-placed to remain a major IP force
Lawyers at A&O Shearman analyse developments regarding UPC’s long-arm jurisdiction, including its scope and jurisdictional limits
Michelle Lee discusses reaching milestones at the USPTO, AI’s role in legal work, and how to empower women in tech and IP
Executive chair Matt Dixon, who reveals a new associate hire, says the firm wants to offer a realistic pathway to partnership while avoiding the ‘corporate machine’ route
Mayer Brown’s role in cardiovascular technology dispute reflects how firms are pursuing precedent-setting cases to try and guide AI and patent law
Kevin Mack, Via’s new president, emphasises the importance of collaborative licensing structures and shares how AI tools can help create new lines of business
A Tokyo District Court ruling concerning movie spoilers, and a second chance for VLSI against Intel were also among the top talking points
Practitioners believe new AI tools at the USPTO will not replace lawyers or disrupt revenue, but instead expose where a trademark attorney’s value lies
Leighton Cassidy Legal hopes to leverage its founder's international experience and provide clients with a rare chance to receive litigation and prosecution under one umbrella
Gift this article