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ARTICLE · 17 APRIL 2018

Show's Over For Cable-Retransmission?

Mishcon de Reya LLP
Mishcon de Reya LLP
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Mishcon de Reya LLP

Mishcon de Reya LLP

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The decision of the CJEU in ITV v TVCatchup finally brought to an end a long-running complex dispute relating to the TVCatchup service, which has seen its fair share of twists and turns and cliff hangers.

United KingdomIntellectual Property
Mishcon De Reya
Mishcon De Reya

The decision of the CJEU in ITV v TVCatchup finally brought to an end a long-running complex dispute relating to the TVCatchup service, which has seen its fair share of twists and turns and cliff hangers. The decision went beyond a finding that TVCatchup cannot stream public service broadcasting channels like ITV1 via the internet without paying copyright fees: the CJEU concluded that the UK's 'cable re-transmission' defence more generally was incompatible with EU copyright law.

However, the section 73 defence was already on borrowed time, as it has now been repealed by the Digital Economy Act. Of broader interest is the potential impact of the repeal of the cable retransmission defence on the complex commercial arrangements in the broadcasting industry.

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