| Commentary

40.5.6 TV Catchup

| Commentary

40.5.6 TV Catchup

In ITV Broadcasting Ltd v TV Catchup Ltd1, the High Court considered whether TV Catchup Ltd (‘TVC’) had infringed various UK broadcasters’ copyrights in their broadcasts by communicating such broadcasts to the public by electronic transmission. TVC operated a website which enabled the public to watch live UK television on computers, smartphones and games consoles.

The Court considered the ECJ’s decision in SGAE v Rafael Hoteles SL2, in which it was held that the distribution by hotel proprietors of broadcast signals received by them to individual rooms within their hotels constituted communication to the public, because a communication

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