Public Relations Consultants Association Ltd v. Newspaper Licensing Agency Ltd 2013

“Simple online viewing of copyrighted content is not an infringement — browsing is legally safe.”

Short Description

This case focused on whether temporary copies created by a user’s computer while browsing the internet constitute copyright infringement. The Newspaper Licensing Agency argued that online media monitoring services, such as Meltwater (used by PRCA members), required licenses because users generated copies when viewing news articles. The UK Supreme Court ruled that temporary, technical copies made during normal online browsing fall within a statutory exception and do not require permission. The ruling protected everyday internet use across the UK and EU.

Facts

The PRCA represented public relations professionals who used Meltwater’s online media monitoring service to track news coverage. Meltwater provided headlines and extracts from newspapers, which PRCA members viewed through web browsers. The NLA argued that this viewing created temporary copies in the user’s device memory and cache, amounting to copyright infringement without a license. The dispute raised important questions about whether ordinary internet browsing requires copyright authorization and whether technical copies fall under statutory exceptions.

Findings / Reasoning

The UK Supreme Court held that temporary copies produced automatically during browsing — in the device’s cache or RAM — are transient, technical, and essential for lawful internet use. Such copies satisfy the requirements of the EU Temporary Copies Exception because they have no independent economic value and disappear naturally. Requiring licenses for basic browsing would disrupt the functioning of the internet and contradict European copyright principles. The Court emphasized that users who only view, and do not download or store content, should not be treated as infringers.

Suggestions / Observations

This ruling reassures millions of internet users that browsing the web does not risk copyright liability. It also provides legal certainty to companies relying on online monitoring, research, and data-analysis platforms. However, businesses using large extracts or permanent copies must still obtain proper licenses. The decision balances technological realities with copyright protection, ensuring the public’s ability to access online information without unnecessary legal burdens.

Judgment & Date

The UK Supreme Court held that temporary copies created during normal internet browsing fall within the statutory exception and do not infringe copyright.

Judgment Date : 17 April 2013