NaBloPoMo Day 4 - The Little Pub That Could

In the news today is the story of pub landlady, Karen Murphy, who took on football's English Premier League and broadcaster, BSkyB, in the High Court. Karen Murphy had used a Greek TV broadcast to show Premier League football matches on the TV in her Red White and Blue pub in Portsmouth, at a cost of £118 per month instead of the usual £480 fee payable to Sky. When she was prosecuted for breaching Copyright rules, she had to pay £8,000 in fines, but she took her case to the High Court. Today comes the news that the European Court of Justice, to which the case had been referred for guidance, has said that national laws that prohibit the import, sale or use of foreign decoder cards and equipment are contrary to the free European market. It's not quite a victory, as the High Court will now have to review the case and make a final decision, but it's a big step. But what does this ruling mean for broadcasters?

Sky, ESPN and the Premier League stand to lose out on a proportion of their income from the sport of football if the High Court upholds ECJ guidance, as there is the potential that many private individuals as well as venues like pubs might make a move to a cheaper foreign subscription service. At the very least, the ruling could have an impact on how the broadcast rights for Premier League football are sold in the EU, but there is a wider implication for other types of broadcast and to film distribution as well, where rights are sold on a country by country basis.

There is, however, a potential grace for broadcasters in that ultimately the High Court might only apply the ruling to sport and even then, with certain caveats. In the details of the ruling, the ECJ said that copyright rules did not apply to football matches as live sport is not consider "works" requiring copyright protection. It seems, however, that any on screen graphics and pre-recorded content are included in copyright rules and as such, pubs may still need to have permission (through the use of an authorised broadcaster) in order to show matches including this kind of content.

Either way, it is certainly an interesting development that could change the face of broadcasting live sport, and possibly other content too. And at the end of the day, I wonder who will remember that the changes are the result of one woman's fight against these huge organisations, and that it all started in the Red White and Blue pub in Portsmouth?