The CJEU has held that TVCatchup’s live streaming of UK free-to-view terrestrial television broadcasts infringes authors’ rights to control communication to the public within the meaning of Article 3(1) Information Society Directive.

This decision confirms the right of originators to control how, where and when their material is transmitted or re-transmitted, even where the recipients are legitimately allowed to receive the original broadcast, reports Herbert Smith Freehills.