They think it’s all over – landlady set for final TV ruling
DETERMINED Landlady of the Red, White and Blue Karen Murphy
THE end is in sight for pub landlady Karen Murphy in her battle with the Premier League over the use of a foreign TV decoder to screen games.
THE end is in sight for pub landlady Karen Murphy in her battle with the Premier League over the use of a foreign TV decoder to screen games.
For six years she has been fighting for permission to show matches in the Red, White and Blue pub, in Fawcett Road, Southsea, while bypassing the hefty fees demanded by Sky.
In 2006, she was prosecuted for breaching copyright law when she decided to use a broadcaster not authorised by the League, Greek channel Nova.
Ms Murphy was ordered to pay almost £8,000 in fines and costs and tomorrow the High Court will finally decide whether to quash her conviction.
It follows a historic victory in the European Court of Justice which ruled that an exclusive system of licences for the broadcasting of football matches in different EU countries is ‘contrary to EU law’.
That decision paved the way for pubs across the UK to follow Ms Murphy’s example and use European decoders to receive and screen Premier League games – if the High Court agrees with the EU ruling.
Her solicitor Paul Dixon, of Molesworths Bright Clegg Solicitors, said: ‘Tomorrow’s hearing should mark the end of a long battle for a brave and determined lady.
‘Karen has stood up for the rights of the individual and taken her case to the highest court in Europe.
‘The implementation of the European Court’s ruling by the High Court tomorrow will have a bearing on the freedom of all EU citizens to receive television broadcasts of sports, drama and films throughout the EU.
‘While we are all hoping for success tomorrow, whatever the outcome, it has been an honour and a pleasure to represent Karen.’
But he added that a separate civil case running at the same time had made it clear there are still elements of Premier League matches – such as the anthem at the start and two logos – which are protected by copyright.
Following the ruling in that case a Premier League spokesman said: ‘It is clear that the law gives us the right to prevent the unauthorised use of our copyrights in pubs and clubs when they are communicated to the public without our authority.
‘We will now resume actions against publicans who are using European Economic Area foreign satellite systems to show Premier League football on their premises unlawfully and without our authority.’
The future for football broadcasts to be decided
THE High Court decision tomorrow will follow two other significant rulings in recent months.
Together the three judgements will determine the future of sports broadcasting in the UK and Europe.
The first was the ruling by the European Court of Justice in November that the exclusive arrangement between Sky and the Premier League to broadcast matches in the UK was unlawful.
It said that, subject to the permission of the copyright holder, pubs could use European decoder boxes and channels to screen Premier League matches. Effectively bypassing Sky – and its notoriously high fees – altogether.
But the copyright issue was the subject of the second important judgement, which was made in February in a civil case between the Premier League and foreign satellite suppliers QC Leisure and AV Station among others.
Ruling on the case Lord Justice Kitchin said the Premier League’s copyright had only been breached to a ‘limited extent’ through the broadcasting of its anthem and logos without its permission.
If the High Court chooses to adopt the EU court’s ruling, as it is expected to do, then foreign broadcasters and pub landlords such as Ms Murphy will be able to continue bypassing Sky if they can avoid using any of these copyright-protected elements.
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Comments
There are 22 comments to this article
Page 1 of 2
Graham Wheatley
Saturday, February 25, 2012 at 04:15 PMNews Mod: I'd be grateful if you could advise why (21) is 'pending'. Over-active filters again, or have I inadvertantly sinned? If the latter, then I can't avoid it in future if I don't know the reason. Thanks. GW.
Graham Wheatley
Friday, February 24, 2012 at 11:57 AMSsblue (17) - OK to break the law? That'll be Sky then? >>the ECJ has ruled that an exclusive system of licences for the broadcasting of football matches in different EU countries is ‘contrary to EU law’. Contrary=against. Therefore if they continue to go 'against' it, then they will be the law-breakers. I don't see how Ms. Murphy can lose, so I don't feel the need to wish her 'luck'. I do wish her success. And for justice and fair play for her, you, me, the rest of the punters and anyone else who pays good money for goods & services. Perhaps if more people were to follow Ms. Murphy's example then the knock-on effect might be that we wouldn't have these obscene (and they are obscene) amounts of money in the sport. £250,000 a week in 'wages' to some players, I've seen quoted. Pay them 5 grand a week, (anyone can live on that surely?). You only get your multi-tens-of-thousands bonus IF YOU WIN. That might perk up the incentive to score some goals eh? cjinrak (19), you're so right! Mine are slightly shorter and thrown by hand at a coloured board, but I'd still count that as archery practice.
Sammyigoes shorts
Thursday, February 23, 2012 at 10:25 PMssblue there's alaways one,so you don't think it's right for people to have a choice?who said anything about it being free?some people in the real world like to shop around for goods services etc carry on paying murdoch if you want i personally don't like lining his greedy pockets and sustaining his unfair monopoly and if you think football is better since the sky money men got there hands on it i beg to differ.
cjinrak
Thursday, February 23, 2012 at 08:25 PMSsblue 17 you might have probelms with yourself, friends and family then. For example I bet you don't practise your longbow every Sunday (fine 3 old pence, so 1p - ish). The law is constantly being tweaked as new interpretations arise, and new situations arise. Don't be a slave to the law, be honourable to yourself and those you affect. Take responsibility, as Karen has.
BrigitteB
Thursday, February 23, 2012 at 04:15 PMLooks like someone snitched to me!
Ssblue
Thursday, February 23, 2012 at 02:52 PMI have no problem with paying less for Sky, just have a problem with people who think it's OK to break the law.....but each to their own....
MikeB
Thursday, February 23, 2012 at 02:23 PMMs Murphy has done a brave thing standing up to Sky and the PL. So what if Sky's revenue dose go down,they may pump less money into football and this should bring down players wages that's crippling clubs. Pompey is a good example of the failure of the football industry,an industry that I fear will turn its back on PFC.
Roger999
Thursday, February 23, 2012 at 01:59 PMSsblue, you carry on paying your subscription to Sky and continue to line the pockets and boost the fortune of Rupert Murdoch - such a lovely man - so good you are passing your monies to him, lol
sea_cider
Thursday, February 23, 2012 at 01:29 PMPost 13 - my thoughts exactly. SSBlue, Sky owns the rights to broadcast the PL in the UK. No other broadcaster can get anywhere near them therfore Sky can charge whatever they like as there is no UK based competition. Customers of Sky are forced into paying over inflated monthly subscriptions as there is no competition. This lady is standing up to corporate greed. Fair play to her, and I wish her every success.
thetruth1234
Thursday, February 23, 2012 at 12:33 PMSSBlue...you are so wrong this is all about paying a fair price !!
grammarschoolboy
Thursday, February 23, 2012 at 12:25 PMI wish you all the best Karen but I have a sneaking feeling that if they let you win this one it will be a miracle.Good on you for trying anyway and I hope I'm wrong.
Kasi
Thursday, February 23, 2012 at 12:13 PMI would say there needs to be some competition to Sky, as like previously mentioned in this thread, pubs are expected to pay around £1700 pcm for a Sky Sports subscription. A local pub that gets minimal passing trade can't reasonably afford that while trying to remain competitive with other locals (and big chain pubs), pay energy bills, water bills, their brewery, staff etc. Although I do agree with @YoureHavingaLaugh, it would be a great shame if her win meant dropping attendance at live games. Pompey have enough troubles at the moment, although I'm sure any true blues would still go :)
pqarky48
Thursday, February 23, 2012 at 12:03 PMI applaud karen murphy for taking this stance.The charges that sky put on these pubs and clubs are obscene.Iwas in the watford area recently and all the pubs i was in had the greek version which i believe is about 300 quid a fraction of the 1700 my local pays for sky (that's per calender month).As for the premier league being a force i think FARCE is a more a description which best describes it.Iwould dread my club getting back there as we were nearly sunk the last time we were there once the mercernaries had had their fill and im sure pompey could testfiy to that
B_army
Thursday, February 23, 2012 at 12:00 PMNot free but cheaper ss. Do you have any idea how much sky charges a pub for the priviledge of showing sky sports? Her arguement is that why should someone in Europe pay a lot less to watch what is more expensive here and they can watch the game live, any game they want. Well done girl, I hope you win hands down.
YoureHavingaLaugh
Thursday, February 23, 2012 at 11:58 AMThe question for me is not what happens to Sky's revenues, but to smaller football clubs - like Pompey. If pubs nationwide start showing major games at 3pm on a Saturday I guess there will be a decline in people attending live games.
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