EU court: Retransmitting free TV programmes infringes copyright

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

EU court: Retransmitting free TV programmes infringes copyright

tv-catchup-45.jpg

The Court of Justice of the EU has ruled that a service provided by UK company TVCatchup infringes copyright because it falls within the definition of a “communication to the public”

TVCatchup streams terrestrial TV channels over the internet, checking that the viewer has a TV licence and is therefore legally allowed to watch those channels.

It was sued by several British commercial broadcasters in the UK High Court, which referred one question on EU law to the Court of Justice: does the service qualify as a “communication to the public” under the Copyright Directive

tv-catchup-200.jpg

The Court answered the question in two parts – whether the service was a communication and whether it was to a public, as defined.

As the TVCatchup service used “a specific technical means different from that of the original communication” it qualified as a communication. And the Court pointed out that each transmission or retransmission would require authorisation from the broadcast’s author.

The TVCatchup audience also counted as a public, as the target audience was large – everyone in the UK with a TV licence and an internet connection. It also pointed out that the calculation was cumulative, adding up all the people reached over the lifetime of the service.

In conclusion, the Court said that:

“The concept of ‘communication to the public’, within the meaning of Directive 2001/29, must be interpreted as covering 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 may receive that retransmission by logging on to its server, even though those subscribers are within the area of reception of that terrestrial television broadcast and may lawfully receive the broadcast on a television receiver.”

TVCatchup responded by saying it would continue to fight the case at the High Court, arguing that such a ruling would also prevent services such as Virgin Media and BT Vision from transmitting terrestrial channels.

Those channels also only make up around 30% of the TVCatchup service, with the rest comprising digital channels that use TVCatchup as a means of streaming online.

The full ruling can be seen here.

more from across site and SHARED ros bottom lb

More from across our site

A decision finding Google liable for trademark infringement and the launch of a new IP services group were also among the top talking points
Law firms across the world are seemingly united in their reluctance to give juniors a chance, which shouldn’t be the case
In-house counsel say they want more visibility for the next generation of lawyers, but private practice practitioners believe jurisdictional challenges stand in their way
IP STARS, Managing IP’s accreditation title, reveals this year’s first rankings, showing how firms in Asia-Pacific are performing across a range of practice areas
A dispute over buggies, a decision on the UPC’s jurisdiction, and the formal launch of the Patent Mediation and Arbitration Centre were among the top developments
Sofie McPherson says she is excited to work at a firm that offers an integrated approach between attorneys and litigators
Personality rights are among several measures the government must take to maximise the potential of the music licensing market, say lawyers
Pascal Faure, director general of INPI, explains why keeping a cool head is key, and discusses plans to leverage IP assets to secure funding
Lawyers at Carpmaels & Ransford explain how the healthcare sector has not simply participated in the UPC’s early years, but actively shaped it
The firm has hired former in-house counsel Quintin Cassady to lead the launch of the new office
Gift this article