| Commentary

40.5.4 EMI v Sky

| Commentary

40.5.4 EMI v Sky

In EMI Records Ltd v British Sky Broadcasting Ltd1, the High Court decided that the users and operators of three BitTorrent indexing websites infringed the claimant record companies’ copyright in various sound recordings. The Court found that there was communication of copyright works by way of electronic transmission; that, applying Newzbin, there was a communication to a new public, ie a public which was not taken into account by the authors of the protected works when they authorised their communication to the original public; and applying the ECJ decision in Football Dataco2

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