Sky issues copyright warning to licensees
With a hearing on the landmark Karen Murphy case due in the High Court on 24 February, Sky said it has moved to clarify its own position on the issue to help clear up “any uncertainty or confusion following the recent ECJ [European Court of Justice] judgment”.
The ECJ ruled in October that restricting the sale of European foreign satellite decoder cards is “contrary to the freedom to provide services”.
But the Premier League still claims the screening of matches in pubs via European satellite systems is illegal as the broadcasts contain some copyrighted material, such as the Premier League logo and anthem, which require its authorisation before use.
It is expected this issue will be resolved by the High Court when it rules on the Murphy case.
However, Sky has issued the letter before the court ruling on the issue. Sky said: “The Premier League has stated that no broadcaster, other than Sky and ESPN, is authorised to grant permission to communicate their copyrighted material within Premier League matches to the public in the UK.”
A Sky spokesperson said: “In light of any uncertainty or confusion following the re-cent ECJ judgment, we took the opportunity to clarify the position on the use of Sky’s copyright.
“In the letter, it clarifies that Sky and ESPN are the only broadcasters who have been given permission from the Premier League to authorise others to show their copyrighted material to the public in the UK.
“On a related point, we also reminded licensees that if they wish to benefit from authorised Premier League broadcasts on Sky Sports, they need to ensure they have a full commercial Sky subscription.”
However, Phil Jones, of the Britannia Inn, in Queniborough, Leicestershire, is particularly upset about receiving the letter as he has a food-driven pub and will not be showing sport.
He said: “It is very disheartening that they have sent this letter as they seem to think they can bully the whole country. I think it is very intimidatory.”
Howell Williams, licensee of the Highwayman Inn, in Bridgend, South Wales, also received the letter from Sky. He said: “Sky are just trying to find ways of stopping the ‘foreign satellite’ providers showing live football.”
Julian Maitland-Walker, senior partner at competition law firm Maitland Walker, has warned licensees to hold fire over purchasing a foreign decoder card before the High Court rules on the use of copyrighted material.
“I suppose, tactically, this is the right time for Sky to send a letter, but the reality is that licensees must make sure that the issue of this ancillary copyright material is considered before they take out any subscription.”
