(1)The communication to the public of the work is an act restricted by the copyright in—
(a)a literary, dramatic, musical or artistic work,
(b)a sound recording or film, or
(c)a broadcast.
(2)References in this Part to communication to the public are to communication to the public by electronic transmission, and in relation to a work include—
(a)the broadcasting of the work;
(b)the making available to the public of the work by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.
Cases considering section 20 50
[2023] EWCA Civ 1493 · 19 December 2023
The court held that, if framed as communication to the public, continued public availability of the online posts after the implied licence ended would clearly constitute continuing infringement. The conclusion supported dismissal of the appeal given the defendants’ admissions and pleaded position. (see para [73])
[2023] EWCA Civ 1354 · 20 November 2023
The Court held that whether the displays constituted communication to the public in the United Kingdom was not an issue open for determination. The defence had not been pleaded and infringement had been conditionally admitted (see paras [67]-[77]).
[2021] EWCA Civ 441 · 26 March 2021Interprets
The provision was construed consistently with the retained CJEU jurisprudence on communication to the public. It covers sound recordings and requires a communication targeted at the UK. TuneIn's materially interventionist platform communicated categories 2 and 3 streams to a new UK public, but the Pro app's recording function did not create a different technical means. (see paras [56]-[58]; [137]-[163])
30 more judgments, and what each says about section 20, are in the
case-law panel in the full Act.