In a further instalment in the TV Catchup litigation, the Court of Appeal has ordered a second preliminary reference to the European Court, this time on the question of whether the “in area retransmission” defence in section 73 of the Copyright Designs and Patents Act 1988 is consistent with Article 9 of the Copyright in the Information Society Directive 2001/29/EC if interpreted to cover retransmission by internet streaming as well as by traditional cable networks.
James Mellor QC and Quentin Cregan were instructed for the claimants.
Martin Howe QC was instructed by the defendants.
Charlotte May QC and Jaani Riordan were instructed for The Secretary of State.
Previous judgment available here.