U.S. broadcasters still want the courts to pull the plug on Aereo, the streaming service that they say violates their copyrights. In a similar fight in the UK, broadcasters ITV, Channel 4 and Channel 5 today won a victory over TVCatchup.com, a service that streams free-to-air shows from the BBC, ITV, Channel 4 and Sky. In a landmark ruling, the European Court of Justice said websites that retransmit live TV without
permission from the broadcasters are in breach of copyright. The case was spurred by an earlier one brought in London which sought the higher court’s take in 2011. The broadcasters in question alleged, among other things, that TVC’s retransmissions constitute a ‘communication to the public’ which is prohibited both by national law and by an EU Directive. The ECJ today agreed (read the ruling here).
In a statement, the ECJ said today, “EU law seeks to establish a high level of protection for authors of works, allowing them to obtain an appropriate reward for the use of those works including on the occasion of communication to the public. To that end, authors have an exclusive right to authorize or prohibit any communication of their works to the public.” Under a 2001 law, original broadcasters are “authors” of their programming.
Contrary to Aereo which streams broadcasters’ over-the-air signals to subscribers who typically pay $8 a month, TVCatchup.com is funded by pre-roll advertising. It can only be accessed by customers with a valid British TV license (an annual fee that helps fund the BBC) and who are within a zone where they would also be able to watch programs on TV if they so chose.
The litigants reserved their right to pursue any service they believe is infringing on their rights, but TVC was undeterred. The company said today that “many channels” have asked to join its service and that it is in advanced negotiations with “many major content providers.” It called the claims the “vexatious action of a handful of broadcasters.” Company director Bruce Pilley concluded, “TVC is here to stay, we are not thinly disguised purveyors of filth, we remain Europe’s first and only legal internet cable service and the ECJ opinion affects only a handful of channels we carry.”
Tony Ballard, of law firm Harbottle & Lewis, told The Guardian the ECJ ruling “is one in an increasingly long line of decisions by which the court appears to be laying the foundations for a new European legal order in copyright and other forms of intellectual property.”


@ NANCY TARTAGLIONE, I think you are missing a few points, here is a link from the TVCatchup.com websites forum. It would be good if you could amend your news post, to keep the record straight.
Cheers Rob.
http://forums.tvcatchup.com/showthread.php?11174-TVC-Press-Release&p=92138#post92138
A couple of additional points have been noted now that we have the benefit of the full ECJ response:
The ECJ were asked but did not rule on the issue of a new public. The decision is based solely on the act of intervening without consent of the original broadcaster – only where TVC did not already have the rights to carry such content (which applies to 70% of the broadcasts carried). The ECJ agreed that TVC facts were distinguished from other cases. Commentators who refer to those sites who charge for access to programmes or rebroadcast BSKYB encrypted content in the same breath as they speak of TVC are very wrong.
In fact the ECJ agreed with our submissions that the fact that commercial purpose was not relevant in this case re communication. Paras 43 & 44 of the decision refer.
Some commentators have made the fundmaental error of not treating this ECJ referral for what it was, one point of reference out of the five matters of law, four of which had already been decided in full favour of TVC
As a reminder, the points concerned already won are:
Won: TVC’s transmissions are not copies of broadcasts and/or films which have independent economic significance
Won: TVC does not infringe by copying or by authorising its members to copy films/broadcasts.
Also: Films live streamed by TVC ‘s technology, (as opposed to anybody else’s), do not infringe copyright by copying those films
Won: His Lordship said that there was no difference between films and broadcasts and that he would not find TVC were copying in these circumstances.
Won: TVC has the specific right to rebroadcast all BBC, & Chan 3, Chan 4 & Chan 5 content
Silly broadcasters.
All TVCatchup does (did*) was turn my iPad into a television.
BS
To Clarify, TVCatchup won.
If you are viewing this as a football match, TVCatchup won the game but conceded one goal.
The result of which will mean a “small minority” of its channels will be removed, and replaced with alternatives unless an agreement can be made.