Remember where you read this first. Salou Uncovered

http://www.bbc.co.uk/news/business-15162241

A pub landlady has won the latest stage of her fight to air Premier League games using a foreign TV decoder.

Karen Murphy had to pay nearly £8,000 in fines and costs for using a cheaper Greek decoder in her Portsmouth pub to bypass controls over match screening.

But she took her case to the European Court of Justice.

The ECJ now says national laws which prohibit the import, sale or use of foreign decoder cards are contrary to the freedom to provide services.

The decision could trigger a major shake-up for the Premier League and its current exclusive agreements with Sky Sports and ESPN, and pave the way to cheaper viewing of foreign broadcasts for fans of top-flight English games.

However, whereas this opens up opportunities for individuals to watch overseas broadcasts at home, it remains unclear whether in future games can be shown in pubs using foreign decoders and broadcasts, as the ruling also threw up a number of copyright issues.
'Relief'

The ECJ said national legislation, which banned the use of overseas decoders, 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".

"I'm relieved, very relieved," Mrs Murphy told BBC Radio 5 live.

"It has been a rollercoaster, highs and lows, nerves... It has been a strange time and I am glad it is coming to an end."
Karen Murphy in the Red, White and Blue pub in Portsmouth Karen Murphy used the Greek firm Nova to show Premier League games

She added: "I feel I have taken on the Premier League and Sky."

Mrs Murphy said she no longer had a decoder box in her Red, White and Blue pub and would wait for the "stamp of approval" from the High Court before reinstating it.

The ECJ findings will now go to the High Court in London, which had sent the matter to the ECJ for guidance, for a final ruling.

However, it is unusual for a member state High Court to pass a different judgement from one provided by the ECJ.
'Contingency plans'
Continue reading the main story
“Start Quote

Whatever happens the league is confident it is not about to suffer a major loss in TV income”

David Bond BBC sport editor

Read David Bond's blog on the issue

"In practical terms, the Premier League will now have to decide how it wishes to re-tender its rights," said sports media lawyer Daniel Geey of Field Fisher Waterhouse solicitors.

"There can be little doubt it will have contingency plans ready to go and has various options available.

"Be it a pan-EU tender, selling in only certain EU member states or devising a plan to start its own channel, they will be deciding how best to maximise the value of their product to ensure any revenue shortfall is minimised."

The judges said the Premier League could not claim copyright over Premier League matches as they could not considered to be an author's own "intellectual creation" and, therefore, to be "works" for the purposes of EU copyright law.
Copyright issues

However, the ECJ did add 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 of a broadcast, a pub would need the permission of the Premier League.
Wolves v Newcastle in the Premier League The way games featuring PL teams such as Wolves and Newcastle are broadcast could be set to change

It remains to be seen whether pubs could broadcast match action without using any of these Premier League "extras", such as just broadcasting from kick-off only and therefore avoid breaching the league's copyright.

By ensuring that its branding was on screen all the time, or including in-match graphics, the league may be able to claim pubs were in breach of this ECJ ruling on copyright.

"It's not a decision that the Premier League or its clubs wanted," Wolves chief executive Jez Moxey told BBC Radio WM after the ECJ ruling was made.

"The Premier League have been aware of the situation and the possibility of the judgement going against them for some time now and have been assessing how it will sell TV rights going forward.

"Football has shown itself to be a resilient business."

He said the Premier's League's financial model had been challenged by the ECJ ruling, and any future sales would need to take the court's decision into account.
'Confused picture'
Continue reading the main story
AT THE SCENE
Michael Stoddard BBC News

Karen Murphy's court victory was dominating conversation at her Red, White and Blue pub after news of the ruling spread.

Pub regular Nicholas Whyley, 50, said: "I am over the moon for Karen. She has been a very brave lady to take them on single-handily."

Derek Woolven, 72, said: "It's a victory for the small person. She put her whole reputation and pub on the line.

He also said he hoped the decision would stand when it went to the High Court.

Mrs Murphy's family, meanwhile, said they were "delighted" she had won her battle.

Her mother Joy Williamson said her daughter "didn't sleep a wink last night".

"It's been a huge effort over the last six years to get here but we are delighted with the ruling," she said.

And Mrs Murphy's husband Patrick Murphy, 56, said it had "always been about the principle".

"On the face of it, it looks like a blow for the Premier League and... broadcasters Sky and ESPN," said BBC sport editor David Bond.

But he said the Premier League had faced many regulatory challenges in the past and would find ways to get round the new situation.

"The League insists the ruling is not clear cut, pointing to a part of the judgment which appears to offer them copyright protection and requiring pubs to seek their permission if they wish to use foreign decoders," added our correspondent.

"It is a confused picture and it is now up to the High Court to try and interpret the judgment. Whatever happens the league is confident it is not about to suffer a major loss in TV income."

Sky has pumped billions into top flight English football since the league was founded in 1992, with the money given to clubs allowing them to buy some of the top names in the world.

The Premier League's television income from mainland Europe is about £130m, less than 10% of their total £1.4bn overseas rights deal.
'Inflated prices'
Continue reading the main story
“Start Quote

This decision is likely to have far reaching implications beyond that of football”

Martin Ochs Smithfield Partners

However, the court decision could have a significant repercussions for other rights holders outside of sport, with life potentially getting more difficult for the film industry, which also sells its product on an country-by-country basis.

Smithfield Partners is a law firm which represents David Richardson of QC Leisure (a digital box supplier), and SR Leisure Limited (a publican), all of whom were defendants to a civil action brought by the Premier League.

"We consider this ruling to be a significant step in creating fair competition across the internal market, reducing artificially inflated prices which vary across member states," said the firm's Martin Ochs.

"It also provides some clarity in relation to the rights of businesses within the EU to broadcast live football. In fact this decision is likely to have far reaching implications beyond that of football."
Satellite signals

The legal battle kicked off six years ago, when Ms Murphy was taken to court for using the Nova firm to show matches at the Red, White and Blue pub.

Using the Greek service, she had paid £118 a month, rather than £480 a month with the official broadcaster.

Licensed broadcasters encrypt satellite signals, with subscribers needing a decoder card to access them.

Mrs Murphy took advantage of an offer to UK pubs to use imported cards.

In February, an ECJ advocate general said this was in line with the aims of the EU single market - a border-free zone for goods and services.

The Premier League has already taken action against two suppliers of foreign satellite equipment and a group of pub landlords who used imported decoding equipment to show English Premier League games and avoided the commercial premises subscription fees for Sky.

This case has been ongoing for a few years now and has been followed by UK pub landlords and regulars alike. It does not really affect bars in Salou (or most of Spain for that matter) as they can enjoy Sky Sports from a domestic receiver without the threat of the 'Sky Police' coming in and hitting them with a big fine and court action which in the UK normally results in a criminal record.
The real effect will be on UK pubs who can now (Sky will still not agree to this) show Premier football from an EU non-UK source.
It is NOT the end of the road. The UK high court still has to interpret the EU ruling and make a decision on how it is implemented in the UK. Secondly Sky/EPL may appeal. Thirdly... and probably most importantly... the EPL will have their lawyers on the case for the next round of EU contract talks due in 2013. Early days to predict the outcome but you can be sure that the EPL will do their best to tie down EU providers like Novasports, Viasat, Canal, Digital, Sky Italia, Sky Germany, etc to a narrow audience only homeland soil.
One word of warning... this ruling does not affect transmissions from non-EU countries like Qatar (Al Jazeera) and Albania (Tring/Digitalb). So be very careful when publicly showing a sport from a non-EU source.

ECJ: "A system of licences for the broadcasting of football matches which grants broadcasters territorial exclusivity on a member state basis and which prohibits television viewers from watching the broadcasts with a decoder card in other member states is contrary to EU law."

So there you have it folks, publicans can now ditch their expensive sky subscriptions in favour of free foreign broadcasts.

Fair play to the EU on this, though it will raise serious problems for Sky who charge absolute fortunes to publicans to allow them to show PL matches.

Premier League lose TV case | Football News | Sky Sports

The verdict also goes on to say 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 but the matches themselves are not works enjoying such protection.

Premier League fans can buy cheap foreign TV coverage, EU rules

• European Union's highest court rules it is not illegal for football fans to buy set-top box decoder cards from foreign broadcasters
• Ruling could have huge impact on the way BSkyB and other broadcasters buy rights to sport, movies and foreign TV shows

reddit this

Mark Sweney
guardian.co.uk, Tuesday 4 October 2011 09.35 BST
Article history

Fulham v Arsenal - Craven Cottage
Arsenal's Theo Walcott and Fulham's Matthew Briggs battle for the ball at a Premier League match at Craven Cottage, London. Photograph: Dominic Lipinski/PA

Football fans will potentially be able to watch cut-price Premier League matches, after the European Union's highest court ruled on Tuesday that it is not illegal for individuals to buy set-top box decoder cards from foreign broadcasters.

The European court of justice ruled that the FA Premier League cannot stop individuals from seeking better deals for TV sports subscriptions than that offered by BSkyB – which paid more than £1bn for the UK broadcast rights for Premier League matches – from foreign broadcasters.

The ECJ said attempting to prohibit 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".

However, the court ruled against the bid by Karen Murphy, the landlady of the Red, White and Blue pub in Portsmouth, to be allowed to use a Greek decoder card to show live Premier League matches to pubgoers at much cheaper rates than BSkyB charges commercial premises in the UK on copyright grounds.

The ECJ said the transmission in a pub is a "communication to the public", which means that without the permission of the Premier League Murphy is in breach of the copyright directive. This directive would not stop individuals buying foreign decoder cards for domestic use.

However, the ECJ said live match coverage itself was not covered by copyright protection, although the Premier League could claim ownership of FAPL-branded opening video sequences, theme music, on-screen graphics and highlights of previous matches.

This means that as long as the FAPL and BSkyB ensure that match coverage includes enough copyright elements pubs will not be allowed to show foreign broadcasts.

The Premier League, which sells TV rights exclusively to broadcasters across Europe on a territory-by-territory basis, has been clamping down on British pubs buying in live coverage from foreign broadcasters.

The ECJ ruling could potentially have a huge impact on the way BSkyB and other UK and European broadcasters buy rights to sport, films and foreign TV shows. Sky's share price was down by just over 3% to 635.50p at about 9.20am on Tuesday, as the City reacted to the European ruling.

BSkyB makes about £200m a year in revenue from selling subscriptions to pubs and other commercial premises.

The broadcaster has about 44,000 pub, club and office subscribers. It is thought that pub owners like Murphy pay about £1,000 a month for a BSkyB subscription. Murphy slashed these costs by buying a Greek decoder card and a subscription to Nova reportedly at a cost of about £800 a year.

"This is a clear statement from Europe that intellectual property rights cannot be relied upon to fragment the market and charge different prices in different EU countries for the same content," said Toby Headdon, an intellectual property lawyer at Berwin Leighton Paisner. "The decision looks set to change the licensing landscape in Europe, not just for football broadcasts but potentially for other content such as films and music."

The ECJ also opened the door for the dismantling of the FAPL's country-specific sports rights regime, stating that such a system of selling matches to broadcasters is "irreconcilable" with the aim of EU law to create one internal market.

"Payment by the television stations of a premium in order to ensure themselves absolute territorial exclusivity goes beyond what is necessary to ensure the right holders appropriate remuneration," the ECJ said in its ruling. "Such a practice may result in artificial price differences between the partitioned national markets. Such partitioning and such an artificial price difference are irreconcilable with the fundamental aim of the treaty, which is completion of the internal market."

The ruling could force the FAPL to look to sell its broadcast rights as a pan-European TV deal, most probably to Sky, although it could look to limit sales to some European markets.

The Premier League will make more than £1.6bn in the UK from its current three-year deal with BSkyB and has a separate deal in this country for live match coverage with ESPN, along with a highlights deal with the BBC for Match of the Day.

The Premier League is believed to have made well in excess of £1bn in TV deals outside the UK for rights covering 2010 to 2013, almost double the £625m made under the previous deal period, with the popularity of the top English division booming in territories including the Middle East, north Africa, Hong Kong and Singapore.

No figures are given for Europe, but it is understood that France, Scandinavia and Germany are the most lucrative markets for Premier League rights.

The Premier League said in a statement: "The areas of law involved are complicated and necessarily we will take our time to digest and understand the full meaning of the judgment and how it might influence the future sale of Premier League audio-visual rights in the European Economic Area.

"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 Premier League will continue to sell its audio-visual rights in a way that best meets the needs of our fans across Europe and the broadcast markets that serve them but is also compatible with European Law."

A BSkyB spokesman said: "This is a case about the licensing arrangements of bodies like the Premier League. It will have implications for how rights are sold across Europe in future, which we are considering. As a broadcaster, it will remain our aim to secure high-quality content for our customers based on the rights available to us."

The UK high court of justice will now make the final decision applying this ruling to the actual case of Karen Murphy, but the ECJ's decision is final and cannot be appealed against.

Europe's commissioner for the digital agenda, Neelie Kroes, vowed to sort out confusion surrounding cross-border access to film, music and pay-per-view football games.

In a speech prepared before the verdict backing Murphy, she told a thinktank audience that "invisible barriers" remained in the distance-selling of "digital goods".

She went on: "If I can buy a music CD online from a company in the Netherlands and have it posted to me here in Belgium, why can't I buy a digital download from the same company?

"If I can watch my local team's football matches using online pay-per-view in one member state, why not in 27?

"This situation does not make much sense to the man on the street. To be honest, it is not a situation that makes much sense to me. And we need to fix it."

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