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6 December 2019CopyrightRory O'Neil

TuneIn to appeal against English High Court’s hyperlink ruling

US audio streaming service TuneIn is appealing against last month’s English High Court judgment which it says is “fundamentally bad for freedom of expression on the Internet and cultural diversity”.

Following a lawsuit from Sony and Warner Music, the court ruled that hyperlinks to radio stations which are not licensed for broadcast on UK airwaves infringe copyright.

Immediately after the judgment, TuneIn claimed victory on what it said was the “most important” element of the case; the right to make UK-licensed stations available on its UK streaming service.

But TuneIn remains unable to provide access to foreign radio stations not licensed for broadcast in the UK. The company is now looking to have this part of the ruling overturned on appeal.

Sophie Goossens, counsel at Reed Smith, said that the case touched on some of the most “sophisticated and complex” concepts in European copyright law.

She said: “In a world where radio is increasingly consumed online, the case highlights the difficulty of reconciling two important objectives pursued by the European Commission: increasing the accessibility of European radio stations across the EU, and providing a high level of protection for rights holders.”

In a statement, TuneIn said that the court had allowed appeals from both parties.

“Many have also expressed concern about the broader implications of this decision for search engines and other Internet operators, as well as the risk that it will lead to a territorially segmented Internet,” a TuneIn spokesperson said.

Sony and Warner brought the case on the grounds that TuneIn was providing access to its copyright-protected music through unlicensed channels.

At the time, TuneIn said the decision would not have any significant impact on its revenue streams. The vast majority of the company’s listener base use the service to access radio stations licensed for broadcast in their own countries.

WIPR has contacted Sony and Warner for comment.

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4 November 2019   The English High Court has ruled that hyperlinking to radio stations that are not licensed for broadcast in the UK amounts to copyright infringement.