The Court of Appeal is referring a dispute between UK broadcasters and live channel streaming site TVCatchup to the European Court of Justice (ECJ).
In ITV v TVCatchup [2015] EWCA Civ 204, broadcasters, including ITV and Channel 4, claim TVCatchup is illegally providing a live stream service of free to air TV broadcasts.
The court has asked the ECJ about the scope of Art 9 of Directive 2001/29 and whether it affords a defence to a copyright breach in broadcast and public service broadcast work via the internet and in the same area as the original broadcast.
Theo Savvides, partner at Bristows, said the decision could be expected “in two to three years’ time. The outcome will have significant implications for internet TV streaming services who do not currently pay free to air broadcasters to provide their services, as well as consumers who enjoy the convenience provided by these streaming services.”
