GRP Rainer LLP

Live Streaming Possible Up to a Certain Limit, Rules ECJ

The ECJ has ruled that the spreading of television programs via live streaming without the creator’s consent shall not be possible.


Cologne, NRW -- (SBWIRE) -- 05/22/2013 -- GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg, Essen and London explains: In the case before the ECJ, several television broadcasters were of the opinion that their copyrights pertaining to their broadcasts were being violated by a company. They sued a company that operates a live streaming service. The case was then directed to the ECJ in a preliminary ruling.

It has emerged from a judgment of the European Court of Justice (ECJ) on 7 March 2013 (file no. C-607/11) that television broadcasters can likely forbid the dissemination of their broadcasts via live streaming. The ECJ ruled on the fact that this case deals with a communication to the public of protected works. However, such a communication requires the allowance of the creator. Even if the users had a television license which allows them to receive the broadcasts via television, this would apply.

If a production is subject to repeated use, each retransmission of a production usually has to be discussed in advance with the creators. The creator would thus also potentially be able to deny a retransmission via live streaming.

In copyright law, there is sometimes the question of who is actually the creator of a product, because in copyright law there is – unlike with patent and trademark issues – no public register which could reveal the ownership of it. A lawyer can advise on all matters relating to the matter of copyright.

There are various fields of law which are inseparably associated with copyright, for example press law, music law, publishing law and film law. Therefore, it is advisable to contact a lawyer who is proficient in these areas and can make the important logical connections.

If copyrights have been infringed, a lawyer can help with the legal enforcement of rights. Also if it has already come to copyright infringements, the persons involved should consult a lawyer that has expertise in the matter of copyright.

GRP Rainer LLP is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.

Contact Michael Rainer
Lawyer, Managing Partner
GRP Rainer LLP
Hohenzollernring 21-23
50672 Cologne
Phone: +49 221-27 22 75-0
click my link