ITV Broadcasting Ltd & Ors v TVCatchup Ltd & Ors
The Court provisionally finds that s.73 of the CDPA, as amended, is broad enough to encompass internet retransmissions, but the compatibility of this interpretation with Directive 2001/29 depends on the meaning of 'cable' and the scope of Article 9. The issue is not acte clair and requires a preliminary ruling from the Court of Justice. The defence under s.73 does not apply to retransmissions to mobile devices via mobile telephone networks.
- Parties
- Claimant/appellant (3073), Respondent (3076): ITV Broadcasting Limited; Claimant/appellant (3073), Respondent (3076): ITV 2 Limited; Claimant/appellant (3073), Respondent (3076): ITV Digital Channels Limited; Claimant/appellant (3073), Respondent (3076): Channel Four Television Corporation; Claimant/appellant (3073), Respondent (3076): 4 Ventures Limited; Claimant/appellant (3073), Respondent (3076): Channel 5 Broadcasting Limited; Claimant/appellant (3073), Respondent (3076): ITV Studios Limited; Defendant/respondent (3073), Appellant (3076): TVCatchup Limited (in administration); Defendant/respondent (3073), Appellant (3076): TVCatchup (UK) Limited; Defendant/respondent (3073), Appellant (3076): Media Resources Limited (a Mauritian company); Intervenor: Secretary of State for Business, Innovation and Skills; Intervenor: Virgin Media Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 26 March 2015
- Procedural Posture
- Civil Appeal / Court of Appeal, Post High Court Judgment, Pending Reference to Court of Justice
- Outcome
- TVC's appeal dismissed; broadcasters' appeal stayed pending reference to Court of Justice
- Legal Topics
- Copyright, Broadcasting, Cable Retransmission, Directive 2001/29, Conforming Interpretation, Exceptions and Limitations
Case Brief
Summary, issues, holding and outcome
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Parties
ITV Broadcasting Limited
Claimant/appellant (3073), Respondent (3076)
ITV 2 Limited
Claimant/appellant (3073), Respondent (3076)
ITV Digital Channels Limited
Claimant/appellant (3073), Respondent (3076)
Channel Four Television Corporation
Claimant/appellant (3073), Respondent (3076)
4 Ventures Limited
Claimant/appellant (3073), Respondent (3076)
Channel 5 Broadcasting Limited
Claimant/appellant (3073), Respondent (3076)
ITV Studios Limited
Claimant/appellant (3073), Respondent (3076)
TVCatchup Limited (in administration)
Defendant/respondent (3073), Appellant (3076)
TVCatchup (UK) Limited
Defendant/respondent (3073), Appellant (3076)
Media Resources Limited (a Mauritian company)
Defendant/respondent (3073), Appellant (3076)
Secretary of State for Business, Innovation and Skills
Intervenor
Virgin Media Limited
Intervenor
Procedural Posture
Civil Appeal / Court of Appeal, Post High Court Judgment, Pending Reference to Court of Justice
Legal Issues
- 1 Scope of s.73 defence under Copyright, Designs and Patents Act 1988
- 2 Interpretation of 'cable' in s.73 and Directive 2001/29
- 3 Compatibility of s.73 with EU law
Ratio Decidendi
The Court provisionally finds that s.73 of the CDPA, as amended, is broad enough to encompass internet retransmissions, but the compatibility of this interpretation with Directive 2001/29 depends on the meaning of 'cable' and the scope of Article 9. The issue is not acte clair and requires a preliminary ruling from the Court of Justice. The defence under s.73 does not apply to retransmissions to mobile devices via mobile telephone networks.
Court Disposition
TVC's appeal dismissed; broadcasters' appeal stayed pending reference to Court of Justice
Orders
- Proceedings stayed pending preliminary ruling from Court of Justice of the European Union
- Parties invited to make submissions as to the precise wording of questions to be referred
Full Case Text
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