Premier League in fresh foreign satellite TV football crackdown on pubs
Pubs are at the centre of a fresh crackdown on foreign football broadcasts, with legal warning letters being sent by representatives of the FA Premier League.
Taking action: Premier League targets pubs in fresh crackdown on foreign football TV broadcasts
In a move that has been described by one legal expert as “putting the fright-eners on licensees”, lawyers DLA Piper are requiring a handful of pubs showing “overseas broadcasts” to sign up to various ‘under-takings’ in order to avoid legal action.
The Premier League believes that a legal ruling in the QC Leisure case earlier this year made it clear that it held copyright over parts of a broadcast including the Premier League logo, anthem, highlights and other on-screen graphics.
In a letter sent to one unnamed Liverpool pub, seen by the Publican’s Morning Advertiser, DLA Piper asks the licensee to stop showing “overseas broadcasts of matches” in the premises.
The firm claims in the letter that the outcome of the long-running Karen Murphy case earlier this year made it clear that whenever a pub transmits an overseas broadcast, it amounts to a “communication to the public”.
It adds that the Premier League v QC Leisure case confirmed the making of such communication without permission to do so from the Premier League represents a breach of copyright in its “incorporated works”.
The letter, dated 26 September, states that the overseas broadcasts in the pub “are entirely unacceptable to the Premier League”, and requires signed undertakings to be returned to DLA Piper by 5pm on 10 October (yesterday).
A spokesman for the Premier League said: “The High Court judgment in the QC Leisure case was consistent with the European Court of Justice ruling in making it clear the law gives us the right to prevent the unauthorised use of our copyright-protected works in pubs and clubs when they are communicated to the public without our authority,
“The only broadcasters that have the Premier League’s authority to broadcast live matches in UK commercial premises are Sky Sports and ESPN.
“We have instructed DLA Piper to write to certain publicans who we know to have breached our copyright through foreign satellite broadcasts of Premier League football with a view to asking them to cease such broadcasts. Should they ignore that request we will take further action against them.”
Jonathan Smith, partner at licensing law firm Poppleston Allen, said: “An undertaking would be a simple solution for the Premier League because any formal legal action may result in a legally-binding definition of exactly what can and cannot be copyrighted.”
Some of the undertakings required from licensees
To provide details of the equipment used within seven days, including the identity of the person or business that sold the equipment, and the price paid for it.
To assist with any legal action brought against suppliers of the equipment.
To notify staff at the premises that screening overseas broadcasts without a licence is unlawful and shall not be tolerated in the premises.
To pay a suitable figure in respect of damages for past infringements, to be assessed by a court in the event of disagreement.
To pay a suitable figure in respect of legal costs, to be assessed by the court in the event of disagreement.
Pubs are at the centre of a fresh crackdown on foreign football broadcasts, with legal warning letters being sent by representatives of the FA Premier League.
Taking action: Premier League targets pubs in fresh crackdown on foreign football TV broadcasts
In a move that has been described by one legal expert as “putting the fright-eners on licensees”, lawyers DLA Piper are requiring a handful of pubs showing “overseas broadcasts” to sign up to various ‘under-takings’ in order to avoid legal action.
The Premier League believes that a legal ruling in the QC Leisure case earlier this year made it clear that it held copyright over parts of a broadcast including the Premier League logo, anthem, highlights and other on-screen graphics.
In a letter sent to one unnamed Liverpool pub, seen by the Publican’s Morning Advertiser, DLA Piper asks the licensee to stop showing “overseas broadcasts of matches” in the premises.
The firm claims in the letter that the outcome of the long-running Karen Murphy case earlier this year made it clear that whenever a pub transmits an overseas broadcast, it amounts to a “communication to the public”.
It adds that the Premier League v QC Leisure case confirmed the making of such communication without permission to do so from the Premier League represents a breach of copyright in its “incorporated works”.
The letter, dated 26 September, states that the overseas broadcasts in the pub “are entirely unacceptable to the Premier League”, and requires signed undertakings to be returned to DLA Piper by 5pm on 10 October (yesterday).
A spokesman for the Premier League said: “The High Court judgment in the QC Leisure case was consistent with the European Court of Justice ruling in making it clear the law gives us the right to prevent the unauthorised use of our copyright-protected works in pubs and clubs when they are communicated to the public without our authority,
“The only broadcasters that have the Premier League’s authority to broadcast live matches in UK commercial premises are Sky Sports and ESPN.
“We have instructed DLA Piper to write to certain publicans who we know to have breached our copyright through foreign satellite broadcasts of Premier League football with a view to asking them to cease such broadcasts. Should they ignore that request we will take further action against them.”
Jonathan Smith, partner at licensing law firm Poppleston Allen, said: “An undertaking would be a simple solution for the Premier League because any formal legal action may result in a legally-binding definition of exactly what can and cannot be copyrighted.”
Some of the undertakings required from licensees
To provide details of the equipment used within seven days, including the identity of the person or business that sold the equipment, and the price paid for it.
To assist with any legal action brought against suppliers of the equipment.
To notify staff at the premises that screening overseas broadcasts without a licence is unlawful and shall not be tolerated in the premises.
To pay a suitable figure in respect of damages for past infringements, to be assessed by a court in the event of disagreement.
To pay a suitable figure in respect of legal costs, to be assessed by the court in the event of disagreement.
