Law Catches Up with Free TV Streaming Sites: CJEU Ruling in ITV v TV Catchup-Section 73 CDPA Defence Inapplicable to Online Streaming of Live TV Broadcasts

摘要

The CJEU has issued its decision on the latest reference to it in the dispute between ITV (and other broadcasters) and TV Catchup (which provides a free, online streaming service for public service broadcasts). The CJEU found that a s. 73 defence cannot apply to live online streaming services, which probably means that TV Catchup will not be able, legally, to provide live streaming of free-to-air broadcasts via the internet in the UK. The decision confirms the protections afforded to TV broadcasters and copyright holders in the UK, and we are likely to see public service broadcasters seeking payment of retransmission fees from cable operators in the future.