The TuneIn case or communication to the public in the UK after Brexit: the status quo with targeting as a governance tool

Torremans, Paul

Abstract

TuneIn is a case dealing with a portal service on the Internet that allows users to listen to Internet radio stations from around the world and even to select stations that play their favourite music at any given moment in time. The UK courts had to decide whether TuneIn's activity amounted to a communication to the public of the music played by the radio stations. Since no authorization had been obtained that would amount to copyright infringement. The courts established that TuneIn did target the public in the UK and that on that basis there was a communication to the public. In a Brexit context that court refused to diverge from the caselaw of the Court of Justice of the European Union and put in place stringent requirement for future cases that may warrant any such divergence.

Citation

Torremans, P. (2022). The TuneIn case or communication to the public in the UK after Brexit: the status quo with targeting as a governance tool. International Journal of Legal Discourse, 7(2), 223-233. https://doi.org/10.1515/ijld-2022-2071

• Journal Article Type: Article
• Acceptance Date: Nov 15, 2022
• Online Publication Date: Dec 19, 2022
• Publication Date: 2022
• Deposit Date: Nov 20, 2022
• Publicly Available Date: Jan 4, 2023
• Journal: International Journal of Legal Discourse
• Print ISSN: 2364-8821
• Electronic ISSN: 2364-883X
• Publisher: De Gruyter
• Peer Reviewed: Peer Reviewed
• Volume: 7
• Issue: 2
• Pages: 223-233
• DOI: https://doi.org/10.1515/ijld-2022-2071
• Public URL: https://nottingham-repository.worktribe.com/output/13997252
• Publisher URL: https://www.degruyter.com/document/doi/10.1515/ijld-2022-2071/html