Copyright clearance for cable distribution of TV channels

Høgsterettsdom 10. mars 2016, HR-2016-562-A, (case no. 2015/1101), civil case, appeal against judgment

Norwaco (Counsel John S. Gulbrandsen) v. Get AS (Counsel Rasmus Asbjørnsen)

Justices: Webster, Arntzen, Falch, Tønder, Utgård

The court sustained the claim of cable distributor Get AS that Norwaco was not to be paid remuneration for cable transmission of TV channels TVNorge, FEM, MAX and VOX.

The case clarifies that there is no retransmission of broadcasts, cf. section 34 of the Copyright Act, when a cable company distributes television channels, which it receives in a closed electronic transmission, but which are broadcast simultaneously via satellite and the terrestrial network. Dissenting votes 4-1.

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