Legal news update
The European Court of Justice (ECJ) is to rule on whether or not broadcasters can prevent pubs showing Premiership football matches using foreign satellite services.
Many pub operators use decoding equipment which allows them to show matches for around £800 a year rather than the annual £6,000 fee demanded by UK licensees like Sky Sports.
The owner of th English Premiership Football Association Premier League (FAPL) claims the displaying of the foreign feeds infringes its copyright, and that selling such cards also breaches copyright laws.
It had sued decoder system dealers QC Leisure and AV Station and six publicans who all claimed in the High Court that the EU’s free trade laws makes the decoder cards legal.
In his ruling, Mr Justice Kitchin said he recognised that the copyright and trade laws were in direct conflict, and that since those laws had such pan-European consequences, an ECJ reference was desirable.
CMS Cameron McKenna partner Nick Beckett says the potential repercussions of the case are considerable.
“Allowing the importation and use of foreign decoder cards in the UK would call into question the sustainability of the Premier League’s broadcasting business model,” he says.
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