UK broadcasters are likely to ramp up elements of copyrighted material on their coverage of English football after the European Union’s highest court ruled that it is not illegal for individuals to buy set-top box decoder cards from foreign broadcasters.

This means people can buy cheaper subscription packages from a foreign broadcaster without fear of being prosecuted by the FA Premier League or BSkyB – which paid over £1bn for three years of UK broadcast Premier League rights – over copyright laws. ESPN also broadcasts Premier League matches in the UK.

The ECJ said attempting to prohibit the “import, sale or use of foreign decoder cards is contrary to the freedom to provide services and cannot be justified either in light of the objective of protecting intellectual property rights or by the objective of encouraging the public to attend football stadiums”.

This means the use of decoders in homes would be legal, but it is unlikely that pubs will be given the same privilege.

While it was established that live matches were not protected by copyright, broadcasters will have been relieved to hear that surrounding media, such as any opening video sequence, a Premier League anthem, pre-recorded films showing highlights of recent Premier League matches and various graphics, were “works” protected by copyright.

So while importing the match from abroad is not in breach of copyright, displaying the Premier League logo is.

However, the practice of selling Premier League rights on a country-by-country basis will have to be scrapped after the ECJ ruled it was “contrary to EU law”.

This could affect the way all TV packages are sold across Europe. While this appears to be a blow to Sky and the Premier League, media lawyers have said that they will be able to adjust the tendering processes to limit financial losses in future deals.

(Source: MediaGuardian)

No related posts.