On Wednesday, the European Union advised that EU law could not prevent UK pubs from using foreign broadcasters to show football matches. The face of selling sports rights and other IP rights look set to change drastically if the Court upholds this opinion.
UK pub landlady, Karen Murphy was fined for using a cheaper Greek Decoder to show Premier League matches in her pub. Sky currently has exclusive rights to show Premier League matches in the UK. Murphy argued that the legal concept of the EU single market should allow her to use any European broadcaster.
Attorney General, Juliane Kikott maintained that territorial exclusivity agreements about broadcasting matches did contradict EU law. The Attorney General’s opinion is not binding but can be very persuasive. The European Court of Justice is not commonly known for regularly deviating from these opinions. The ECJ will make a ruling on the issue later in the year.
The Premier League has also told the press that they are concerned about the ruling. It can be argued that the interests of viewers and broadcasters may be harmed by territorial agreements being no longer legitimate. The way in which intellectual property rights are managed throughout the UK could change radically. The Premier League has expressed unease at the constitutional implications if the ruling follows Kilkott. They argue that changes to laws should be made through the proper legislative process and not by the courts.
The extent of how the ruling could affect other rights in music, literature, film etc, will not be realised until after the ECJ judgement later in the year.
By Nicola Mallon
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