Sky UK Ltd v Cherrie: Outer House rules on communicating copyright works on Reddit and YouTube.

Lauterbach, Thorsten

Abstract

Sky UK Ltd v Cherrie presented the first opportunity for a Scottish court to add to the growing jurisprudence on copyright infringement by means of linking content on the internet. Lady Wolffe's decision in the Outer House is particularly noteworthy, as Sky's pursuit of an interim interdict in this case concerned not only material which was protected by a paywall, but also programmes that were available "free to air". The focal point of this article lies on how the right to communicate a work to the public under section 20 of the Copyright, Designs and Patents Act 1988 ("CDPA") was interpreted vis-à-vis decisions of the Court of Justice of the European Union, in the context of content linking, which are sometimes viewed as difficult to reconcile.

Citation

LAUTERBACH, T. 2022. Sky UK Ltd v Cherrie: Outer House rules on communicating copyright works on Reddit and YouTube. Edinburgh law review [online], 26(3), pages 433-437. Available from: https://doi.org/10.3366/elr.2022.0791

• Journal Article Type: Article
• Acceptance Date: Jul 19, 2022
• Online Publication Date: Oct 20, 2022
• Publication Date: Sep 30, 2022
• Deposit Date: Oct 20, 2022
• Publicly Available Date: Oct 1, 2023
• Journal: Edinburgh Law Review
• Print ISSN: 1364-9809
• Electronic ISSN: 1755-1692
• Publisher: Edinburgh University Press
• Peer Reviewed: Peer Reviewed
• Volume: 26
• Issue: 3
• Pages: 433-437
• DOI: https://doi.org/10.3366/elr.2022.0791
• Keywords: Copyright infringement; Social media platforms; UK TV programmes; Copyright; CPDA
• Public URL: https://rgu-repository.worktribe.com/output/1783423