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22 March 2013
Issue: 7553 / Categories: Case law , Law digest , In Court
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EU—Broadcasting

ITV Broadcasting Ltd and other companies v TVCatchup Ltd C-607/11, [2013] All ER (D) 116 (Mar)

The concept of “communication to the public”, within the meaning of Art 3(1) of Directive (EC) 2001/29 of the European Parliament and of the Council (on the harmonisation of certain aspects of copyright and related rights in the information society), should be interpreted as meaning that it covered 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 might receive that retransmission by logging on to its server—even though those subscribers were within the area of reception of that terrestrial television broadcast and might lawfully receive the broadcast on a television receiver. It was not irrelevant that a “communication” within the meaning of Art 3(1) of the Directive was of a profit-making nature. However, a profit-making nature was not necessarily an essential condition for the existence of a communication to the public. Consequently, a

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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