Pub Landlady wins TV Football Fight

Whilst on the fringe of Broadband news this is of general interest

The EU caught ruling now means exclusive TV Football rights deals are no longer possible

The European Court of Justice said an exclusive system of licences for the broadcasting of football matches in different EU countries - effectively stopping fans watching the broadcasts with a decoder card in other member states - is "contrary to EU law".

But the verdict also warned: "The screening in a pub of football-match broadcasts containing protected works requires the authorisation of the author of those works."

Such "protected works", said the judges, could include the opening video sequence or the Premier League anthem, which is a matter for copyright.


The judges said that, in trying to justify its restrictions, the Premier League could not claim copyright over Premier League matches themselves, as such sporting events could not be considered to be an author's own "intellectual creation" and, therefore, to be "works" for the purposes of EU copyright law.

Even if there was such copyright protection for sporting events, banning the use of foreign decoder cards "would go beyond what is necessary to ensure appropriate remuneration for the holders of the rights concerned", the judges went on.

"A system of exclusive licences is also contrary to EU competition law if the licence agreements prohibit the supply of decoder cards to television viewers who wish to watch the broadcasts outside the member state for which the licence is granted," they said.

The verdict could mean a major rethink by the Premier League of its current exclusive agreements with Sky Sports - which provides the League with most of its television income - and ESPN

Linky for others:

http://www.bbc.co.uk/news/business-15162241

Already posted in the Sports section (although, not dicussed).

Is the last sentence a bit enthusiastic? Sure some will go to the trouble/expense of getting a non-UK service, though if done through most broadband it might hammer your limits. And the same rules will apply to terrestial TV rights too! It doesn't unleash a free-for-all since you have to get a stream from the event in the first place and trespass hasn't yet been ruled lawful (though that would please a few people!). I doubt future bidding wars were going to be so lucrative anyway.

The ruling applies to everyting including films, soaps etc

In that all judgements state the law yes. But the key difference is whereas a match/event is not the recorder/broadcasters copyright "work" , the commentary or a drama etc. commissioned and performed for the broadcast or film maker usually is! Legal niceties. I'll stick with not a licence for a free for all. Increassingly in event broadcasts I see these "value-added" elements growing (even though in terms of quality I think it's a mixed blessing).

The ruling goes far further thn you seem to think. Under this ruling you have the right to subscribe to a film or football channel in any EU country. So if you want to subscribe to ESPN Eire you can even if you are located in the UK

does it also have an impact on regional movie copy protection?

so eg. could aomeone argue a movie brought region locked to germany should be playable in uk dvd players?

There was another ruling similiar to this last year it also went in the consumers favour on premier league football.

The discussion panned out that the most likely outcome of the ruling would be the EPL would either sell the rights to europe at much higher cost so they cant sell it cheap, or stop selling to them at all. Obviously the latter will hit their income.

In reply to a post by Chrysalis:

The discussion panned out that the most likely outcome of the ruling would be the EPL would either sell the rights to europe at much higher cost so they cant sell it cheap, or stop selling to them at all. Obviously the latter will hit their income.

I think both scenarios would hit their income. E.g. German TV isn't going to want to pay through the nose for EPL rights, given that it's not their league, they'll just stop buying it altogether.