tvcatchup
15 October 2013Copyright

UK TV streaming service ordered to remove channels

A UK TV streaming service has been ordered to stop broadcasting certain channels online and through mobile phones after it was found guilty of copyright infringement.

TVCatchup, which broadcasts television channels through its website, has been forced to stop streaming more than 20 channels owned by UK-based television stations ITV, Channel 4 and Channel 5.

The ruling covers various spin-off channels owned by the companies including the + 1 series of channels, which broadcast the same schedule with an hour’s delay, as well as film and music channels.

TVCatchup was also found to have infringed copyright by streaming to mobile devices and to viewers outside the region where the original broadcast was made.

The service argued that it was exempt from infringement under section 73 of the Copyright, Designs and Patents Act 1988, which allows for the retransmission of broadcasts if it is done by cable and forms part of a qualifying service.

But in a High Court ruling, issued by Lord Justice Floyd on October 7, TVC is deemed to have “infringed the claimant’s film and broadcast copyrights.”

The decision follows a ruling at the Court of Justice for the European Union (CJEU) which, in March this year, said streaming companies must obtain broadcasters’ permission to show their programmes.

The High Court had referred its questions to the CJEU regarding the case as it was unsure whether re-broadcasting works from TV constituted a communication to the public.

Judge Floyd added that there will be a further inquiry as to the amount of damages TVCatchup will be required to pay the broadcasters and ordered it to reveal its revenue and running costs by November 4.

According to Ben Allgrove, partner at Baker & McKenzie in London, the decision did not come as a surprise, particularly given the CJEU’s ruling.

“The really interesting question is how the EU position – which presents barriers to these sorts of services – will reconcile with the US position, which is rapidly evolving as part of the on-going Aereo litigation, a battle which seems destined for the US Supreme Court,” Allgrove said.

“This decision confirms the right of originators to control how, where and when their material is transmitted or re-transmitted, even where the recipients are legitimately allowed to receive the original broadcast,” added Joel Smith, partner at Herbert Smith Freehills LLP, in London.

“This puts control of transmission firmly in the hands of the original broadcaster and vindicates the position taken by originating media organisations in their fight against illicit streaming and other unlicensed services.”

Users watching the channels in question will now be re-directed to the broadcasters’ homepages, while a total of 11 channels have been removed from TVCatchup apps for iphone and Android.

On its website, TVC published a statement in which it highlighted its “excellent” relationships with most of the broadcasters whose content it carries.

“This sadly hasn't proved to be the case with all of the public service broadcasters. We will be introducing additional services on an on-going basis, and hope to work with the broadcasters concerned to restore any channels that have been affected,” it adds.

A joint statement from ITV, Channel 4 and Channel 5 said they “welcomed” the decision.

“It is a significant vindication for this action that the judge has ruled 21 of our channels are to be removed from the TVC website.

“This result will help protect the substantial investment broadcasters make in content and is a clear message to those who seek to infringe our copyright or use our content in an illegal capacity.”

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