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Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)

Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)
Published on: 08 April 2021
Published by: LexisPSL
  • Copyright and hyperlinking—Court of Appeal declines to depart from EU retained law (TuneIn v Warner Music)
  • What are the practical implications of this case?
  • What was the background? (including what was the decision of the HC)
  • What were the grounds of appeal?
  • How did the Court of Appeal approach TuneIn’s request to exercise its powers under the European Union (Withdrawal) Act 2018 (EU (W)A 2018) to depart from EU case law on hyperlinking, including Svensson and GS Media?
  • What did the court decide? (in particular in relation to targeting and communication to the public)
  • Targeting
  • Communication to the public
  • Application of Svensson to stations licensed in their home territory
  • Application of the GS Media presumption to unlicensed stations
  • More...

Article summary

IP analysis: The TuneIn case considers whether an online radio aggregation service, which links to the broadcast streams of thousands of music radio stations, is liable for copyright infringement. The case has been characterised as a ‘test case’, raising significant issues of copyright law, in particular as to the scope of communication to the public. It grapples with the balance to be struck between the fundamental rights of freedom of expression on the one hand and intellectual property on the other. In its judgment of 26 March 2021, the Court of Appeal unanimously dismissed TuneIn’s appeal on all significant grounds. The Court also declined to follow TuneIn’s invitation to depart from a large body of EU case law. The Court of Appeal confirmed that ‘striking a fair balance does not involve giving freedom of expression precedence over copyright, which is the effect of TuneIn’s argument’. Written by Rachel Alexander, partner, and Victoria Gyles, senior associate, at Wiggin LLP. or take a trial to read the full analysis.

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