ITV, Channel 4 and Channel 5 take TVCatchup to the European Court of Justice...
Hola amigos! It is I, Len Dastard – El Bastardo, Murderer of Dreams. For those of you who do not know, I am a full time Litigation Executive and imaginary retired Mexican wrestler. You doubt my story niños? You are brave.
For our readers that have not been following this story, we brought you this news in July which television streaming website TVCatchup considered themselves to be victorious in a long running legal battle with UK broadcasters ITV, Channel 4 and Channel 5.
It was the broadcasters claim that TVCatchup were using material that they did not own the rights to. The response from TVCatchup was that they were only making temporary copies (then relaying free to air TV channels to users via computers and smartphones) of this material and that was a lawful use. In a recent ruling in the High Court, Mr Justice Floyd affirmed his earlier provisional ruling that the reproduction by the the creation of "rolling copies" of broadcasts in TVCatchups "memory buffers" and then on its members screens did not amount to a reproduction or copy of the broadcasts and TVCatchup.
It might seem quite strange but UK copyright laws do not make "temporary copies" unlawful if the are "transient or incidental" to the whole works and are made in order to ensure the programme is technically broadcast with "no independent significance". Mr Justice Floyd based his provisional ruling in July on the fact that the section of stored video was approximately 30 to 40 seconds long.
The only outstanding question in which Mr Justice Floyd thought required further clarification from the European Courts of Justice was in relation to whether there has been a "communication to the public" which is in contravention to UK copyright laws. It is likely to be some time before this is all dealt with.
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