Further clarifications on broadcaster’s copyrights are given by the CJEU in Case C-607/11: ITV, Channel 4 and Channel 5 vs TVCatchup Limited. TVCatchUp (TVC), the defendant, provided an internet television broadcasting service which offered the opportunity to watch more than 50 UK TV channels on alternative devices, such as computers, smartphones, etc. Amongst those channels was the copyright content of the three claimants in the main proceedings, which altogether alleged an infringement of their copyrights. In its defence, TVC claimed it ensured that only users with a valid television license, located in the UK, were able to obtain access to its service. The TVC website authenticated the user’s location and refused access where the conditions imposed on users were not satisfied. As users were already legally entitled to watch the streamed content on television, and since the service was not aimed at a new public, according to TVCatchUp, no additional permission from the right holder was needed.
However, the CJEU ruled otherwise - a retransmission, which uses technical means different from the ones, used by the original communication, constitutes a ‘communication to the public’. According to the CJEU, a retransmission using technical means different from that of the original communication is apriori aimed at a new public and it is not necessary to examine the requirement of a new public in these cases.