Communication to the public may also include retransmission of an internetstream

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."

IPPT20130307, CJEU, ITV v TVCatchup

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