Copyright Infringement In Broadcasting
1. Overview: Copyright in Broadcasting
Copyright law protects original works including literary, dramatic, musical, and artistic works. In the context of broadcasting, copyright infringement occurs when a broadcaster or a third party uses, copies, or transmits copyrighted material without permission from the rights holder.
This can include:
Unauthorized rebroadcasting of TV or radio programmes.
Recording and retransmission of sports events or films.
Use of copyrighted music or clips without licensing.
Circumventing digital rights management (DRM) technologies.
2. Legal Framework in the UK
Key Legislation:
Copyright, Designs and Patents Act 1988 (CDPA)
Governs copyright protection and infringement.
Section 20 grants broadcasters copyright in their broadcasts.
Section 21 covers infringement by unauthorized use or reproduction of broadcasts.
Section 296-298 addresses technological protection measures.
Communications Act 2003
Regulates broadcasting standards and licenses.
3. Key Concepts in Broadcasting Copyright Infringement
Broadcast Copyright: The broadcaster owns the copyright in the broadcast itself, distinct from the underlying content.
Communication to the Public: Unauthorized retransmission or sharing can infringe copyright.
Circumvention of DRM: Illegal under CDPA amendments.
Secondary Liability: ISPs or platforms may be liable for facilitating infringement.
4. Case Law with Detailed Explanation
1. British Sky Broadcasting Ltd v. Digital Satellite Warranty Cover Ltd (2001)
Court: High Court
Facts:
Digital Satellite Warranty Cover (DSWC) was selling devices enabling unauthorized access to BSkyB’s encrypted broadcasts.
Judgment:
Court held that DSWC had infringed BSkyB’s broadcast copyright.
Injunction granted to stop sale of devices.
Established liability for selling devices enabling unauthorized access.
Significance:
Early recognition of technology-assisted infringement liability.
Protection of encryption systems and broadcaster rights.
2. BBC v. British Satellite Broadcasting (1993)
Court: Court of Appeal
Facts:
Dispute over copyright ownership in broadcasts and retransmission rights.
Outcome:
Court clarified that broadcasters hold copyright in their broadcast signals.
Reaffirmed rights to control retransmission.
3. ITV Broadcasting Ltd v. TVCatchup Ltd (2014)
Court: High Court and Court of Appeal
Facts:
TVCatchup was streaming live TV channels over the internet without ITV’s permission.
Judgment:
Initially, the High Court ruled in favor of ITV, finding copyright infringement.
Court of Appeal upheld the decision, emphasizing that TVCatchup communicated broadcasts to the public without authorization.
Injunction imposed to stop unauthorized streaming.
Legal Importance:
Landmark case on internet retransmission.
Affirmed broadcasters’ rights against unauthorized online streaming.
4. Football Association Premier League Ltd v. QC Leisure and Karen Murphy (2012)
Court: Supreme Court
Facts:
Karen Murphy used a foreign satellite decoder to watch Premier League games not licensed for viewing in the UK.
Outcome:
Supreme Court ruled that using foreign decoders was legal under EU law, limiting the Premier League’s territorial exclusivity.
However, sale of foreign decoder cards for widespread unauthorized use was unlawful.
Significance:
Clarified limits on territorial exclusivity rights.
Balances copyright with consumer rights.
5. Phonographic Performance Ltd v. Phonebox Ltd (2000)
Court: High Court
Facts:
Phonebox Ltd was playing music publicly in bars without obtaining proper licenses.
Judgment:
Found guilty of copyright infringement.
Licensing fees ordered.
Affirmed the need for proper licensing in public broadcasts.
6. Sony Music Entertainment UK Ltd v. EasyinternetCafe Ltd (2018)
Court: High Court
Facts:
EasyinternetCafe streamed copyrighted music videos on TVs for customers without license.
Judgment:
Infringement found.
Injunction and damages awarded.
Reiterated that public display or broadcast requires licensing.
5. Challenges in Prosecution
Identifying infringers in digital streaming contexts.
Jurisdictional issues with internet broadcasts.
Balancing copyright protection and consumer rights.
Rapidly evolving technology and enforcement difficulties.
6. Enforcement and Remedies
Injunctions to prevent further infringement.
Damages or account of profits to compensate rights holders.
Seizure of infringing equipment.
Criminal sanctions for deliberate piracy under CDPA amendments.
7. Conclusion
Broadcasting copyright infringement cases in the UK highlight the complex interplay between technological advances and intellectual property rights. Courts have consistently protected broadcasters’ rights to control their signals and content, especially against unauthorized online streaming and device facilitation. These cases emphasize the importance of licensing, technical protection measures, and balancing rights holders’ and consumers’ interests.
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