TV broadcasters can prohibit Internet retransmission of their programs by...

broadcasting service that lets users receive virtually live streaming of free-to-air television shows. TVC restricts its content to those already legally entitled to watch in the U.K. by virtue of their TV license, the court said. Commercial channels alleged, however, that the service breaches their copyright by offering a communication to the public that’s outlawed by national law and the EU directive on harmonization of certain aspects of copyright and related rights in the information society. They sued in the High Court of Justice, which asked the ECJ to decide whether there’s a communication to the public within the meaning of the directive in a case where an organization such as TVC streams broadcasts to members of the public who would have been entitled to access the original broadcast signal on their own TV sets or laptops at home. Under EU law, “communication” covers any transmission or retransmission of a work to the public not present at the place where the communication originates by wire or wireless means, including broadcasting, the ECJ said. It ruled that when content is put to multiple use, each transmission and retransmission using a specific technical means must be individually authorized by its author. Making TV shows available online uses a specific technical means different from that of the original broadcast, so retransmission must be considered a communication, it said. Moreover, under ECJ case law, “public” means an indeterminate number of potential recipients and implies a fairly large number, it said. In this case, TVC’s programming was aimed at, and could be watched by, anyone residing in the U.K. with a TV license, so its retransmissions of the protected works were in fact communicated to the public. Therefore, TVC’s online retransmissions fall under the directive and can be barred by TV broadcasters, the court said.