Communication to the public may also include retransmission of an internetstream

Print this page 07-05-2013
IPPT20130331, CJEU, ITV v TVCatchup

COPYRIGHT

 

Communication to the public through direct retransmission of internet stream of television broadcast by another organisation.
 

"40. In the light of the foregoing, the answer to Question 1 and Question 2(a) is that the concept of ‘communication to the public’, within the meaning of Article 3(1) of Directive 2001/29, must be interpreted as meaning that it covers a retransmission of the works included in a terrestrial television broadcast – where the retransmission is made by an organisation other than the original broadcaster, – by means of an internet stream made available to the subscribers of that other organisation who may receive that retransmission by logging on to its server, – even though those subscribers are within the area of reception of that terrestrial television broadcast and may lawfully receive the broadcast on a television receiver."

 

Funding by advertising and profit-making nature of retransmission not influential.
 

"44. The answer to Question 2(b) is therefore that the answer to Question 1 is not influenced by the fact that a retransmission, such as that at issue in the main proceedings, is funded by advertising and is therefore of a profit-making nature."

 

Unimportant whether organisations compete.
 

"47. Consequently, the answer to Question 2(c) is that the answer to Question 1 is not influenced by the fact that a retransmission, such as that at issue in the main proceedings, is made by an organisation which is acting in direct competition with the original broadcaster."

 

IPPT20130331, CJEU, ITV v TVCatchup

 

C-607/11 - ECLI:EU:C:2013:147