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Released 11 January 2008

Karen Murphy has lost her case after the High Court dismissed an appeal by her against her conviction for screening a broadcast of live UK Premier League football matches. The matches were screened via Greece which had the licence to show the games. The High Court held that it would be wrong to determine whether a programme included in a broadcasting service was provided from a place in the UK by reference to the Satellite Broadcasting Directive (93/83EEC) and the cases decided under that Directive.

A broadcast is protected as a copyright work in accordance with section 1(1)(b), of the Copyright Designs and Patents Act 1988 (CDPA).

The Premier League (PL) in the UK owns the intellectual property rights relating to the screening of the Premiership. Murphy a landlady cancelled its 6,000-a-year subscription with Sky. Sky is the exclusive licencee to screen live Premier League football matches in the UK. As is now common in the UK Murphy paid for a satellite dish, decoder and decoder card which enabled her, for 800 a year, to receive broadcasts of live Premier League games from Nova, a Greek television-provider, which was PL's licensee for Greece.

This decision will be of great interest to the licensed trade. The case has been referred to the EC on competition law which may open up the market in the Europe. But for now landlords beware!.

Michael Coyle is a solicitor advocate who specialises in information technology law and intellectual property law.

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2008-02-17 17:20:28 in Legal Articles

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