The
pub landlady Karen Murphy has won the latest stage of her fight to air
Premier League games using a properly paid up foreign satellite TV service.
Karen Murphy previously had to pay nearly
£8,000 in fines and costs
for using the cheaper Greek Nova TV service in her Portsmouth
pub rather than the expensive service provided by the Premier
League and Sky.
But she took her case to the European Court of Justice who
now say that national laws which prohibit the import, sale or
use of foreign decoder cards are contrary to the Treaty of Rome
and the freedom to provide services across EU borders.
The decision could trigger a major shake-up for the Premier
League and its current exclusive agreements with Sky Sports and
ESPN.
However, whereas the decision opens up opportunities for
individuals to watch overseas broadcasts at home, it remains
unclear whether games can be shown in pubs using foreign
services, as the ruling also threw up a number of copyright
issues.
It seems to be a situation somewhat analogous to playing
copyright music at home or at a business premises. CDs can be
freely bought and sold from shops across the EU, but businesses
still need a licence to play that music in their premises to a
wider audience.
However the judgement be very helfpful to private
individuals, especially expats, wanting to subscribe to foreign
services.
The ECJ said national legislation, which banned the use of
foreign EU TV services, could not 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.
However the court has ruled that although there is no
copyright in the matches themselves, there is copyright in the
branding around the football - the Premier League
graphics, music and highlights. If those are there, pubs will
still need the League's permission to show its matches.
It's now up to the UK High Court to interpret today's ruling,
and that is not likely to happen for several months.