03.23
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Karen Murphy saved more than £350 per month by using a cheap foreign decoder
A pub landlady is set for the latest stage of a legal fight with the Premier League over showing top flight English football games on foreign decoders.
Karen Murphy had to pay nearly £8,000 in fines and costs for using a cheaper Greek decoder in her Portsmouth pub to bypass controls over match screening.
But she took her case to the European Court of Justice (ECJ).
If found partly in her favour, but returned the case to the High Court in London for a final ruling.
The High Court had originally sent the case to the European courts for advice on numerous points of law.
The ECJ said last autumn that national laws which prohibit the import, sale or use of foreign decoder cards were contrary to the freedom to provide services.
The European judges also said the Premier League could not claim copyright over Premier League matches as they could not be considered to be an author's own "intellectual creation" and, therefore, to be "works" for the purposes of EU copyright law.
But it did offer some comfort for the Premier League, which receives vast sums through its exclusive broadcasting deals with Sky and ESPN.
The European court said that while live matches were not protected by copyright, any surrounding media, such as any opening video sequence, the Premier League anthem, pre-recorded films showing highlights of recent Premier League matches and various graphics, were "works" protected by copyright.
To use any of these extra parts associated for a broadcast, a pub would need the permission of the Premier League.
The case is being closely watched as it could trigger a major shake-up in the way football TV rights are sold, and potentially pave the way to cheaper viewing of foreign broadcasts for fans of top-flight English games.
24 Feb, 2012
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Source: http://www.bbc.co.uk/go/rss/int/news/-/news/business-17150054
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