The Court of Appeal (the Master of the Rolls, Lord Justice Arnold and Lady Justice Rose) gave judgment on 26 March 2021 in (1) Warner Music UK Limited (2) Sony Music Entertainment UK Limited v TuneIn Inc. The Court dismissed TuneIn’s appeal save in one small respect and upheld the High Court’s ruling that TuneIn infringed Warner and Sony’s copyrights through its operation of the TuneIn online internet radio service.

The case is an important test case regarding the right of communication to the public under section 20 of the Copyright, Designs and Patents Act 1988. It is also the first case in which the Court of Appeal has considered whether to exercise its newly acquired power, post-Brexit, to depart from retained EU law.

Edmund Cullen QC and Amanda Hadkiss acted for the successful Respondents, and were instructed by Wiggin LLP (Rachel Alexander (Partner), Victoria Gyles (Senior Associate) and Mikah Pajaczkowska-Russell (Associate)).

To read the full judgment please click here.