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England and Wales High Court (Chancery Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Paramount Home Entertainment & Anor v British Sky Broadcasting & Ors  EWHC 937 (Ch) (18 February 2014)
Cite as:  EWHC 937 (Ch)
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B e f o r e :
|PARAMOUNT HOME ENTERTAINMENT|
|INTERNATIONAL LIMITED & OTHERS||Applicants|
|BRITISH SKY BROADCASTING|
|LIMITED & OTHERS||Respondents|
1st Floor, Paddington House, New Road, Kidderminster. DY10 1AL.
Tel: 01562 60921. Fax: 01562 743235.
Official Court Reporters and Tape Transcribers.)
Crown Copyright ©
"(1) "Communication to the public" must be interpreted broadly;
(2) "Communication to the public" covers any transmission or retransmission of the work to the public not present at the place where the communication originates by wire or wireless means;
(7) There is an act of "communication" when someone gives members of the public access to the work in circumstances where they would not be able to enjoy the work without that intervention;
(8) It is sufficient for there to be "communication" that the work is made available to the public in such a way that the persons forming that public may access it whether or not those persons actually access the work;
(11) "The public" refers to an indeterminate number of potential recipients and implies a fairly large number of persons; and
(15) Where there is a communication which does not use a different technical means to that of the original communication, it is necessary to show that the communication is to a new public, that is to say, a public which was not considered by the authors concerned when they authorised the original communication."
"(18) Where there is a communication using a different technical means to that of the original communication, it is not necessary to consider whether the communication is to a new public".