ITV Broadcasting Ltd and others v TVCatchup Ltd (Case C-607/11); [2013] WLR (D) 92
“The concept of ‘communication to the public’, within the meaning of article 3(1) of Parliament and Council Directive 2001/29/EC covered a re-transmission of the works included in a terrestrial television broadcast where the re-transmission was made by an organisation other than the original broadcaster, by means of an Internet stream made available to subscribers of that other organisation who could receive that re-transmission by logging on to its server, even though those subscribers were within the area of reception of that terrestrial television broadcast and could lawfully receive the broadcast on a television receiver. It was irrelevant that a re-transmission was funded by advertising and was therefore of a profit-making nature and was by an organisation which was acting in direct competition with the original broadcaster.”
WLR Daily, 7th March 2013
Source: www.iclr.co.uk
