No exception for works broadcast on television channels subject to public service obligations
22-03-2017 Print this page
National legislation which states that there is no copyright infringement in the case of the immediate retransmission by cable including, where relevant, via the internet, in the area of initial broadcast, of works broadcast on television channels subject to public service obligations is contrary to Article 9 of the Copyright Directive.
"29. In the light of all those considerations, the answer to the third question is that Article 9 of Directive 2001/29, and specifically the concept of “access to cable of broadcasting services”, must be interpreted as not covering, and not permitting, national legislation which provides that copyright is not infringed in the case of the immediate retransmission by cable, including, where relevant, via the internet, in the area of initial broadcast, of works broadcast on television channels subject to public service obligations
25. In the present case, it is common ground that the retransmission at issue in the main proceedings does not fall within the scope of any of the exceptions and limitations set out exhaustively in Article 5 of Directive 2001/29.
26. As regards Article 9 of Directive 2001/29, as the Advocate General noted at points 37 and 38 of his Opinion, it is apparent from that provision, read in the light of recital 60 of that directive, that Article 9 is intended to maintain the provisions applicable in areas other than that harmonised by the directive.
27. Indeed, an interpretation of Article 9 of Directive 2001/29 to the effect that it permits a retransmission, such as that at issue in the main proceedings, without the consent of the authors, in cases other than those provided for in Article 5 of that directive, would run counter not only to the objective of Article 9, but also to the exhaustive nature of Article 5, and, consequently, would be detrimental to the achievement of the principal objective of that directive which is to establish a high level of protection of authors.
28. It is irrelevant whether the protected works were initially broadcast on television channels subject to public service obligations. Indeed, there is no basis in Directive 2001/29 that would justify affording less protection to those channels” content."
IPPT20170301, CJEU, ITV v TV Catchup
C-275/15 - ECLI:EU:C:2017:144
