Pubs urged not to buy TV cards after ruling

The warning comes as the Premier League last week said it will resume action against licensees who use European decoder cards to show live football in their pubs.

This follows a High Court ruling last week on a long-standing case between the Premier League, digital-box supplier QC Leisure, and SR Leisure, which endorsed the European Court of Justice (ECJ) ruling on the case in October 2011.

The ECJ ruled that certain aspects of a Premier League broadcast may be subject to copyright, such as the Premier League logo and theme tune and that restricting the sale of European foreign satellite decoder cards is “contrary to the freedom to provide services”.

In his ruling in the High Court, Lord Justice Kitchin suggested that importers of European satellite systems may have been in breach of Premier League copyright by allowing foreign broadcasts to be shown.

He said “the defendants who are continuing to trade must be entitled to carry on their business in a way that avoids infringement of [Premier League] copyright if they are able to”.

However, the issue of copyright is set to be definitively ruled on after the case of Hampshire licensee Karen Murphy on 24 February.

The Premier League claimed: “We will resume actions against publicans using European economic area foreign satellite systems to show Premier League football on their premises unlawfully and without our authority.”

Sky said it would continue to work with the Premier League against the authorised use of copyright using EU satellite decoder cards.
However, Jonathan Smith, of Poppleston Allen, claims the ruling still leaves licensees in the dark.

“I’m afraid it doesn’t take licensees any further forward,” said Smith. “It has just given the Premier League the ammunition it needs to take action forward against those it believes are in breach of its copyright.”

Kate Nicholls, strategic affairs director of the Association of Licensed Multiple Retailers, warned licensees not to buy a European decoder card before a definitive ruling is made on the issue of copyright.

“Nobody should be doing anything until we have had legal clarification,” said Nicholls. “Our advice has always been that, until any law says otherwise, UK law applies. It is still an infringement of copyright.”

She added: “I have no doubt there will be some glum faces among the foreign satellite providers and licensees.”

A British Beer & Pub Association spokesman said: “This again shows there is an urgent need to clarify the position in UK law, as pubs must know where they stand. To this end, the UK case at the end of the month should be helpful.

"We mustn’t forget the underlying driver of the problem, which has been the big price hikes that Sky has levied.”