The Business Law Reports
[2021] Bus LR 1119
Court of Appeal
Warner Music UK Ltd and another v TuneIn Inc
[2021] EWCA Civ 441
2021 Feb 22, 23, 24; March 26
Sir Geoffrey Vos MR, Rose, Arnold LJJ
Copyright— Infringement— Communication to public— Defendant’s online platform providing users with hyperlinks to UK and foreign radio stations playing music recordings protected by copyright— UK stations having licence to play protected works— Some foreign stations not having consensual licence but paying royalties under statutory rights system— Right holders contending defendant’s platform targeted at UK and infringing copyright— Whether platform akin to search engine— Whether UK users constituting new public not taken into account by right holders when initial communication to public by stations authorised— Whether defendant’s app enabling users to record from radio constituting different technical means from previous communication— Whether defendant infringing copyright— Whether court to depart from EU jurisprudence on infringement of copyright by communication to public—
Copyright, Designs and Patents Act 1988 (c 48), s 20
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European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Regulations 2020 (SI 2020/1525), reg 4
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Parliament and Council Directive 2001/29/EC, art 3(1)