- ECJ: Live Streaming Only Possible To A Limited Extent
- April 18, 2013 | Author: Michael Rainer
- Law Firm: GRP Rainer LLP - Berlin Office
It has emerged from a judgment of the European Court of Justice (ECJ) dated 7 March 2013 (file no. C-607/11) that television broadcasters can probably ban the dissemination of their broadcasts via live streaming.
GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London www.grprainer.com/en explains: The ECJ based its view on the fact that this case deals with a communication to the public of protected works. However, such a communication requires the permission of the creator. This would even apply if the users were in possession of a television license which entitles them to receive the broadcasts via television.
In the case before the ECJ, several television broadcasters sued a company that operates a live streaming service. The television broadcasters were of the opinion that their copyrights pertaining to their broadcasts were being violated by the company. In a preliminary ruling, the case was then presented to the ECJ.
The ECJ has now ruled that the dissemination of television programs via live streaming shall not be possible without the creator's consent. If a production is subject to repeated use, each retransmission of a production shall have to be discussed in advance with the creators. The creator would thus also potentially be able to prohibit a retransmission via live streaming.
A lawyer can advise on all matters relating to the issue of copyright. In copyright law, there is often the question of who is actually the creator of a production, because in copyright law there is - unlike with patent and trademark issues - no public register which could reveal the ownership of a work.
There are various fields of law which are inseparably associated with copyright, for example music law, film law, publishing law and press law. Therefore, it is advisable to contact a lawyer who is proficient in these areas and can make the important logical connections.
But even if it has already come to copyright infringements, the persons concerned should consult a lawyer that has expertise in the field of copyright. If copyrights have been infringed, a lawyer can help with the legal enforcement of compensation claims.