Press Release
CLAMPDOWN ON ILLEGAL PREMIER LEAGUE BROADCASTS
The licensee of the Rose Inn, Shenfield, Essex has been ordered to pay over £19k in fines and costs after being convicted for showing Premier League and international matches via Sky Sports without a commercial viewing agreement. This conviction comes shortly after warnings by The Premier League and Sky of a new campaign against illegal screenings following the High Court’s ruling on the QC Leisure case.
On 6th February 2012 at Basildon Magistrates Court, Mr. Frederick Young, the Designated Premise Supervisor and Premises License Holder of the Rose Inn, 138 Chelmsford Road, Shenfield, CM15 8RN was convicted in his absence of six offences of dishonest reception of a television transmission, i.e. Sky televised football matches at the above licensed premises with the intent to avoid payment of the applicable charge. This is Contrary to Section 297 (1) of the Copyright Design and Patents Act 1988.
He was fined £2,500 per offence and was ordered to pay full costs of £4,522 and £15 victim surcharge totaling £19,537.00.
In a related development, and following the ECJ’s judgment on the use of foreign satellite systems to screen live Premier League football in pubs, on 3rd February 2012 the High Court issued its ruling on the Premier League v QC Leisure case.
The High Court ruled that the defendant publicans infringed certain copyright in Premier League matches by using an EEA decoder card to show matches in their pubs without Premier League consent. It also ruled, in supplying decoder cards to publicans, the suppliers of those cards authorised these infringing acts. In response to this clarification by the UK courts, the Premier League has now confirmed that it is able to prevent the unauthorised use of its copyright.
Following the ruling The Premier League has said "Lord Justice Kitchin's judgment is consistent with the ECJ ruling. 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.”
A Sky spokesperson said “Today’s ruling makes it clear that the Premier League can protect itself against the unauthorised use of its copyright by UK pubs using EU satellite decoder cards and the suppliers of those cards.
Working with the Premier League and other broadcasters, Sky will continue to do all it can to protect its commercial customers by taking action against those who do not have an appropriate subscription. Licensees who choose to use unauthorised foreign satellite services in their pubs should be wary of the high fine handed out this week and be warned that the courts take copyright offences seriously.”
Stephen Gerrard, Prosecuting Manager, FACT, said, “FACT works with all its members, including Sky, to protect their copyright and allow them to continue to invest in high quality programming. Where business premises fraudulently show Sky programmes we will continue to successfully pursue and prosecute those dishonest licensees who are then faced with substantial fines, costs and a criminal record.”
For further information please contact:
FACT
Eddy Leviten
Head of Communications
07768 057464
Sky Business
Rosalind Riceman
Communications Manager
020 70323483
Friday 10 February 2012