ITV Studios Ltd v TVCatchup Ltd [2013] EUECJ C-607/11 (07 March 2013)

ITV Studios Ltd v TVCatchup Ltd [2013] EUECJ C-607/11 (07 March 2013)

Retransmission of terrestrial television broadcasts over the internet by an organisation other than the original broadcaster, even to users who could lawfully receive the original broadcast, constitutes a 'communication to the public' under Article 3(1) of Directive 2001/29/EC and requires separate authorisation from the copyright holders. The profit-making nature of the retransmission or competition with the original broadcaster does not affect this classification.

Citation
[2013] EUECJ C-607/11
Parties
Claimant: ITV Broadcasting Ltd; Claimant: ITV 2 Ltd; Claimant: ITV Digital Channels Ltd; Claimant: Channel 4 Television Corporation; Claimant: 4 Ventures Ltd; Claimant: Channel 5 Broadcasting Ltd; Claimant: ITV Studios Ltd; Defendant: TVCatchup Ltd
Jurisdiction
European Union
Judgment Date
07 March 2013
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Preliminary Reference to the Court of Justice of the European Union
Outcome
Preliminary ruling issued; interpretation of Article 3(1) of Directive 2001/29/EC provided.
Legal Topics
Copyright, Communication to the Public, Broadcasting, Internet Streaming, Directive 2001/29/ec
Intellectual Property European Union Law Copyright Communication to the Public Broadcasting Internet Streaming Directive 2001/29/ec

Case Brief

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Parties

ITV Broadcasting Ltd

Claimant

ITV 2 Ltd

Claimant

ITV Digital Channels Ltd

Claimant

Channel 4 Television Corporation

Claimant

4 Ventures Ltd

Claimant

Channel 5 Broadcasting Ltd

Claimant

ITV Studios Ltd

Claimant

TVCatchup Ltd

Defendant

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Preliminary Reference to the Court of Justice of the European Union

Legal Issues

  1. 1 Whether retransmission of terrestrial television broadcasts over the internet by a third party constitutes 'communication to the public' under Article 3(1) of Directive 2001/29/EC
  2. 2 Whether the profit-making nature or competitive relationship of the retransmitting organisation affects the classification as 'communication to the public'

Ratio Decidendi

Retransmission of terrestrial television broadcasts over the internet by an organisation other than the original broadcaster, even to users who could lawfully receive the original broadcast, constitutes a 'communication to the public' under Article 3(1) of Directive 2001/29/EC and requires separate authorisation from the copyright holders. The profit-making nature of the retransmission or competition with the original broadcaster does not affect this classification.

Court Disposition

Preliminary ruling issued; interpretation of Article 3(1) of Directive 2001/29/EC provided.

Orders

  • Retransmission of works included in a terrestrial television broadcast by an organisation other than the original broadcaster via internet streaming to subscribers constitutes 'communication to the public' under Article 3(1) of Directive 2001/29/EC, even if those subscribers could lawfully receive the original...
  • The profit-making nature of the retransmission does not affect this classification.