Premier League take positives from TV ruling

The Premier League claimed a partial victory today despite losing a European court case against a pub landlady who used a foreign decoder to screen live matches at 3pm on Saturdays.

Karen Murphy paid £800 a year for the Greek service and said she would have had to pay 10 times that much for Sky.

The European Court of Justice (ECJ) ruled in her favour, but added that some parts of the broadcast such as the graphics remained the Premier League’s copyright.

The ruling effectively allows anyone to buy a cheaper decoder from elsewhere in Europe, though in practice it is only cost-effective for pubs and clubs to do so, but the Premier League insists the ruling has made clear they have to authorise any screenings in places such as pubs.

The ECJ ruling is still likely to have major implications for how sporting broadcast rights are sold both in Britain and across Europe in the future, but the case first has to return to the High Court.

The Premier League said in a statement: “The ECJ judgment responds to 18 specific questions referred by the UK High Court. They have now answered these questions in terms of how European Law applies. It is now for the High Court to consider how the ECJ judgment affects the cases in question.

“We are pleased that the judgment makes it clear that the screening in a pub of football-match broadcasts containing protected works requires the Premier League’s authorisation. Currently only Sky and ESPN are authorised by the Premier League to make such broadcasts.”

The league said they would take time to digest the full findings and how it might influence their future sale of broadcast rights in Europe.

One option for the Premier League will be to sell their domestic rights and European rights as one giant package, but with no Saturday 3pm games included.

The ECJ said in a statement that no allowance could be made to protect attendances at matches on Saturdays.

The judgment said: “National legislation which prohibits the import, sale or use of foreign decoder cards is contrary to the freedom to provide services and cannot 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.”

The case came to the ECJ after Murphy, a Portsmouth publican, appealed after losing a court action brought against her by the Premier League for using a cheap Greek satellite decoder. The case in the ECJ also involves the suppliers of such decoder cards to those pubs.

The ECJ also ruled that only the opening video sequence, the Premier League anthem, and pre-recorded clips showing highlights of recent Premier League matches and various graphics could be protected by copyright.

“By contrast, the matches themselves are not works enjoying such protection,” says the ruling. Pubs would have to obtain permission to broadcast those opening sequences, said the ruling, but not the match itself.

The ECJ ruling was criticised by Tory MP Damian Collins, a member of the culture, media and sport select committee.

Collins said: “I think there should be some Parliamentary scrutiny of this ruling and consideration of its wider implications for copyright, sports rights and the money that goes from those rights back into sport.

“It also seems to be ridiculous that the Premier League anthem is copyright protected but not the match footage. This is another unwelcome intervention in our national life from the ECJ.”

Premier League insiders insist the ruling will not necessarily mean a drop in television income from mainland Europe, which is around £130m, or less than 10% of their total £1.4bn overseas rights deal.