bassethound
16-02-12, 18:13
The Premier League has unleashed an advertising campaign warning pubs and clubs in the UK of a forthcoming crackdown on using foreign satellite services to show football matches.
The campaign is being backed by Sky, which holds the UK broadcast rights to show Premier League football matches in households and commercial businesses.
http://i2.cdnds.net/12/07/618x724/premier-league-set-top-bo-001.jpg
The full page ad is running today in the publications often read by publicans, including the Morning Advertiser, warning them that they face legal action if they attempt to get around paying Sky to show football to their customers.
Sky Sports already has around 44,000 pub, club and office subscribers, each paying around £1,000 per month. But some businesses have been purchasing foreign satellite feeds, often using services from Greece and Arab countries, that are much cheaper than Sky's packages.
Earlier in the month, the Premier League won a ruling in the High Court that it can take action against the pubs on grounds of breach of copyright.
The League took out a civil action against digital box provider QC Suppler and publican SR Leisure Limited, but the case was put on hold after it was referred to the European Court for legal advice.
The case was heard alongside the legal action of pub landlady Karen Murphy, who had bought a Greek satellite TV service using a QC decoder to use in her pub.
In a landmark ruling last October the European Court of Justice said that national laws prohibiting the import, sale or use of foreign decoder cards were "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 also said that any opening video sequences, the Premier League anthem and pre-recorded highlights or graphics were "works" and so to show them in a pub would require permission from the Premier League.
On February 3, Lord Justice Kitchin said at the High Court that importers of foreign satellite equipment had breached the Premier League's copyright by allowing pubs to show foreign broadcasts.
The Premier League's ad refers directly to the case, warning: "Lord Justice Kitchin's judgement is consistent with the ECJ ruling. It is clear that the law gives us the right to prevent the unauthorised use of our copyrights in pubs and clubs when they are communicated to the public without our authority. We will now resume actions against publicans."
The Premier League's campaign appears to be working already in part, as Euroview, a supplier of foreign set top boxes and cards, has now shut down its business operations.
In a message to customers on the company's website, Euroview Sport said: "To fully protect the business of its customers Euroview Sport is now investing in making changes to its service which will ensure that it offers a risk free solution which does not infringe the rights of the FAPL or any other third party. Until these changes are fully effected Euroview has made the decision to temporarily suspend its services.
"Your contract with Euroview Sport will cease with immediate affect and your account will be closed from 10th February 2012. We have taken the necessary steps to cancel the service on the viewing cards, however; due to a notice period to our suppliers your viewing card may still run for up to three weeks.
"If your card is still running after February 10, 2012, please note that you will not have legal protection from Euroview Sport and should cease using the card. If you still allow viewing then you do so at your own risk."
The UK's Hgh Court of Justice is due to make a final decision on how to apply the ECJ's ruling in the Karen Murphy case on February 24.
The campaign is being backed by Sky, which holds the UK broadcast rights to show Premier League football matches in households and commercial businesses.
http://i2.cdnds.net/12/07/618x724/premier-league-set-top-bo-001.jpg
The full page ad is running today in the publications often read by publicans, including the Morning Advertiser, warning them that they face legal action if they attempt to get around paying Sky to show football to their customers.
Sky Sports already has around 44,000 pub, club and office subscribers, each paying around £1,000 per month. But some businesses have been purchasing foreign satellite feeds, often using services from Greece and Arab countries, that are much cheaper than Sky's packages.
Earlier in the month, the Premier League won a ruling in the High Court that it can take action against the pubs on grounds of breach of copyright.
The League took out a civil action against digital box provider QC Suppler and publican SR Leisure Limited, but the case was put on hold after it was referred to the European Court for legal advice.
The case was heard alongside the legal action of pub landlady Karen Murphy, who had bought a Greek satellite TV service using a QC decoder to use in her pub.
In a landmark ruling last October the European Court of Justice said that national laws prohibiting the import, sale or use of foreign decoder cards were "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 also said that any opening video sequences, the Premier League anthem and pre-recorded highlights or graphics were "works" and so to show them in a pub would require permission from the Premier League.
On February 3, Lord Justice Kitchin said at the High Court that importers of foreign satellite equipment had breached the Premier League's copyright by allowing pubs to show foreign broadcasts.
The Premier League's ad refers directly to the case, warning: "Lord Justice Kitchin's judgement is consistent with the ECJ ruling. It is clear that the law gives us the right to prevent the unauthorised use of our copyrights in pubs and clubs when they are communicated to the public without our authority. We will now resume actions against publicans."
The Premier League's campaign appears to be working already in part, as Euroview, a supplier of foreign set top boxes and cards, has now shut down its business operations.
In a message to customers on the company's website, Euroview Sport said: "To fully protect the business of its customers Euroview Sport is now investing in making changes to its service which will ensure that it offers a risk free solution which does not infringe the rights of the FAPL or any other third party. Until these changes are fully effected Euroview has made the decision to temporarily suspend its services.
"Your contract with Euroview Sport will cease with immediate affect and your account will be closed from 10th February 2012. We have taken the necessary steps to cancel the service on the viewing cards, however; due to a notice period to our suppliers your viewing card may still run for up to three weeks.
"If your card is still running after February 10, 2012, please note that you will not have legal protection from Euroview Sport and should cease using the card. If you still allow viewing then you do so at your own risk."
The UK's Hgh Court of Justice is due to make a final decision on how to apply the ECJ's ruling in the Karen Murphy case on February 24.