By Andrew Warshaw
February 29 – An English pub landlady has won the latest stage in her fight with the Premier League over using a foreign decoder to show live top-flight games.
In a case described as the Bosman of broadcasting, Karen Murphy (pictured), from Portsmouth, won a High Court ruling that overturned a conviction ordering her to pay £8,000 (€10,000/$12,800) in fines for using a cheaper Greek decoder instead of an official Sky subscription.
Murphy had already won her case in the European Court of Justice (ECJ), whose verdict that having an exclusive system was “contrary to EU law” was also upheld by the High Court.
But, crucially, the ruling still gives the Premier League the right to prevent the unauthorised use of its copyrights by bars and clubs.
The complicated case has been keenly watched by both broadcasters and pubs and clubs since it could potentially lead to cheaper viewing for fans of top-flight English games.
Murphy has spent six years fighting a prosecution for showing live football by installing an overseas decoder – just as hundreds of other pubs do across the United Kingdom.
But the High Court ruling that allowed her to carry on defying a Sky subscription made clear that the complex issue of breaking Premier League rules would have to be decided “at a later date”.
In its original ruling, 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 Premier League made it clear after the latest court hearing that Murphy and others were still in breach of copyright if they continue to screen games without permission.
“Should Mrs Murphy, or any other publican, use European Economic Area foreign satellite systems to show Premier League football on their premises without our authority and outside the scope of our authorisation, they make themselves liable for us to take action against them in both the civil and criminal courts,” a statement said.
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