ITV Broadcasting Ltd & Ors v TV Catch Up Ltd

ITV Broadcasting Ltd & Ors v TV Catch Up Ltd

The fact that the defendant’s transmissions are not themselves broadcasts is not fatal to the claim; communication to the public by electronic transmission under section 20 is not limited to acts of broadcasting. The claim has a real prospect of success and the application for summary judgment is dismissed.

Source-derived case information.

Parties
Claimant: ITV Broadcasting Limited; Claimant: ITV 2 Limited; Claimant: ITV Digital Channels; Claimant: Channel 4 Television Corporation; Claimant: 4 Ventures Limited; Claimant: Channel 5 Broadcasting Limited; Defendant: TV Catch Up Limited
Jurisdiction
England and Wales
Judgment Date
25 November 2010
Procedural Posture
Intellectual Property / Summary Judgment Application
Outcome
Application for summary judgment dismissed
Legal Topics
Copyright Infringement, Communication to the Public, Broadcasting Rights, Information Society Directive
Intellectual Property Copyright Infringement Communication to the Public Broadcasting Rights Information Society Directive

Source-derived case record

Summary, issues, holding and outcome

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Parties

ITV Broadcasting Limited

Claimant

ITV 2 Limited

Claimant

ITV Digital Channels

Claimant

Channel 4 Television Corporation

Claimant

4 Ventures Limited

Claimant

Channel 5 Broadcasting Limited

Claimant

TV Catch Up Limited

Defendant

Procedural Posture

Intellectual Property / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant's internet transmissions constitute communication to the public of the claimants' broadcasts under section 20 of the Copyright, Designs and Patents Act 1988

Ratio Decidendi

The fact that the defendant’s transmissions are not themselves broadcasts is not fatal to the claim; communication to the public by electronic transmission under section 20 is not limited to acts of broadcasting. The claim has a real prospect of success and the application for summary judgment is dismissed.

Court Disposition

Application for summary judgment dismissed

Orders

  • The application for summary judgment by the defendant is dismissed.