The UK TV re-streaming site TVCatchup may be partially illegal, a judge has provisionally ruled. But the judge has left avenues of defence open to the site, while final outcome will depend on developing case law and a European judgement.
ITV (LSE: ITV), Channel 4 and Channel 5 had brought a copyright case against TVCatchup, which re-transmits live UK digital channels over the web.
Broadcasts:
Mr Justice Floyd has provisionally ruled that the site does not reproduce substantial parts of the channels’ broadcasts.
But he is reserving final judgement on this until the outcome of a case in which the Premier League is suing the maker of boxes which decode foreign TV signals carrying overseas broadcasts of Premiership matches in to the UK.
Films:
The judge provisionally ruled TVCatchup does reproduce substantial parts of the films channels carry.
But he is referring this matter to the Court of Justice of the European Union.
Loopholes?:
The judge is also awaiting what the Premier League verdict says about “temporary copying”, a defence TVCatchup had used in its case.
But he has backed TVCatchup’s defence that, under section 73 of the Copyright, Designs and Patents Act 1988, it is allowed to re-transmit broadcasts over cable. This, however, would mean TVCatchup is not allowed to operate over mobile, the judge said.
The broadcasters issued a joint statement to paidContent:
We have asked TVCatchup for its response.
Fair to say, this isn’t over yet.
Update (Aug 10): TVCatchup has now given us its response…
It’s notable that both sides’ statements give their own slants on what was actually a mixed judge’s conclusion, much of which is not final.