Warner Music UK Ltd & Ors v Tunein Inc

Warner Music UK Ltd & Ors v Tunein Inc

TuneIn's aggregation, curation, and targeted provision of radio streams to UK users constitutes communication to the public under s20 of the Copyright, Designs and Patents Act 1988 for Categories 2, 3, and 4 stations, and infringes copyright unless licensed. TuneIn's activities go beyond conventional search engines or hyperlinking, amount to authorisation and joint tortfeasance, and safe harbour defences do not apply. The recording function in TuneIn Radio Pro app is a new technical means and infringes copyright. Providers of Category 2, 3, and 4 stations are liable when their streams are targeted at the UK by TuneIn. Category 1 stations, licensed in the UK, are not infringed by TuneIn's...

Parties
Claimant: Warner Music UK Ltd; Claimant: Sony Music Entertainment UK Ltd; Defendant: TuneIn Inc.
Jurisdiction
England and Wales
Judgment Date
01 November 2019
Procedural Posture
Intellectual Property / Final Judgment
Outcome
Judgment for claimants in part; TuneIn found liable for copyright infringement for Categories 2, 3, and 4 stations and recording function; not liable for Category 1 stations.
Legal Topics
Communication to the Public, Hyperlinking, Internet Radio, Authorisation, Joint Tortfeasance, Safe Harbour, Recording Function, Territoriality
Copyright Intellectual Property Communication to the Public Hyperlinking Internet Radio Authorisation Joint Tortfeasance Safe Harbour +2 more

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Parties

Warner Music UK Ltd

Claimant

Sony Music Entertainment UK Ltd

Claimant

TuneIn Inc.

Defendant

Procedural Posture

Intellectual Property / Final Judgment

Legal Issues

  1. 1 Does TuneIn's service constitute communication to the public under s20 of the Copyright, Designs and Patents Act 1988?
  2. 2 Is TuneIn liable for copyright infringement by authorisation or joint tortfeasance?
  3. 3 Do safe harbour provisions under the E-Commerce Directive apply to TuneIn's activities?

Ratio Decidendi

TuneIn's aggregation, curation, and targeted provision of radio streams to UK users constitutes communication to the public under s20 of the Copyright, Designs and Patents Act 1988 for Categories 2, 3, and 4 stations, and infringes copyright unless licensed. TuneIn's activities go beyond conventional search engines or hyperlinking, amount to authorisation and joint tortfeasance, and safe harbour defences do not apply. The recording function in TuneIn Radio Pro app is a new technical means and infringes copyright. Providers of Category 2, 3, and 4 stations are liable when their streams are targeted at the UK by TuneIn. Category 1 stations, licensed in the UK, are not infringed by TuneIn's...

Court Disposition

Judgment for claimants in part; TuneIn found liable for copyright infringement for Categories 2, 3, and 4 stations and recording function; not liable for Category 1 stations.

Orders

  • TuneIn's service infringes copyright for Categories 2, 3, and 4 stations.
  • TuneIn's service does not infringe copyright for Category 1 stations.