Warner Music UK Ltd v TuneIn Inc

Subject Matter

COPYRIGHT — Acts restricted by — Communication to public

[2019] EWHC 2923 (Ch), Ch D

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 — European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Regulations 2020 (SI 2020/1525), reg 4 — Parliament and Council Directive 2001/29/EC, art 3(1)

[2021] EWCA Civ 441; [2021] Bus LR 1119; [2022] 2 All ER 35; [2021] WLR(D) 183, CA

Appellate History

Commentary

RPC Perspectives
Court of Appeal upholds copyright infringement decision against digital radio aggregator Case comment