ITV Broadcasting Ltd & Ors v TVCatchup Ltd & Ors [2015] EWCA Civ 204 (26 March 2015)

ITV Broadcasting Ltd & Ors v TVCatchup Ltd & Ors [2015] EWCA Civ 204 (26 March 2015)

The Court held that the defence under s.73 CDPA is not limited to retransmissions on traditional cable networks and can extend to retransmissions via the internet, provided the retransmission is by cable (including internet) and within the intended area of reception. However, the defence does not extend to retransmissions for reception by mobile telephone, as the final leg of transmission to mobile devices is not by cable within the meaning of the statute.

Citation
[2015] EWCA Civ 204
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
Appeal / Court of Appeal Judgment on Appeals From High Court (chancery Division, Intellectual Property)
Outcome
Appeals dismissed in part and allowed in part. The Court upheld the High Court's interpretation that s.73 applies to internet retransmissions (excluding mobile devices), but not to retransmissions for reception by mobile telephone.
Legal Topics
Copyright Infringement, Communication to the Public, Cable Retransmission, Interpretation of S.73 CDPA, Compatibility With EU Directives, Scope of Statutory Defences
Intellectual Property Copyright Law European Union Law Copyright Infringement Communication to the Public Cable Retransmission Interpretation of S.73 CDPA Compatibility With EU Directives +1 more

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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

Appeal / Court of Appeal Judgment on Appeals From High Court (chancery Division, Intellectual Property)

Legal Issues

  1. 1 Does the defence under s.73 of the Copyright, Designs and Patents Act 1988 extend to internet retransmissions or is it limited to traditional cable networks?
  2. 2 Does s.73 apply to retransmissions for reception by mobile telephone?
  3. 3 Is s.73 compatible with Directive 2001/29/EC and other relevant EU law?

Ratio Decidendi

The Court held that the defence under s.73 CDPA is not limited to retransmissions on traditional cable networks and can extend to retransmissions via the internet, provided the retransmission is by cable (including internet) and within the intended area of reception. However, the defence does not extend to retransmissions for reception by mobile telephone, as the final leg of transmission to mobile devices is not by cable within the meaning of the statute.

Court Disposition

Appeals dismissed in part and allowed in part. The Court upheld the High Court's interpretation that s.73 applies to internet retransmissions (excluding mobile devices), but not to retransmissions for reception by mobile telephone.

Orders

  • Declaration that s.73 CDPA defence applies to internet retransmissions to fixed locations within the intended area of reception.
  • Declaration that s.73 CDPA defence does not apply to retransmissions for reception by mobile telephone.