ECJ ready to play ‘Catch Up’

The High Court this week set a series of questions to be referred to the ECJ in relation to a dispute over copyright. The dispute concerns individuals ability to watch television on computers, smartphones and games consoles and whether or not TV catchup’s use has infringed its copyright. Floyd J has decided to refer a question to the ECJ on whether the right to allow or prevent a communication to the public, now included the right for a third party to allow the same but via a log in server and broadcast over the Internet.

ITV Broadcasting Ltd and others v TV Catchup Ltd (defendant) and SoS for Business, Innovation and Skills (intervenor) [2011] EWHC 2977 (Pat), 14 November 2011.

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