Ouch.
The ECJ has just ruled that the English Premier League can not prevent pubs from showing English Premier League football matches streamed from abroad, even when they are paying no licensing fees to anyone.
The case raises serious questions for Irish sporting organisations such as the GAA, the IRFU and the FAI, all of which rely on licensing rights from broadcasters as a growing part of their income.
The case arose when a publican, Karen Murphy, used a satellite decoder to relay Premier League matches in her pub in Portsmouth. The match stream had been broadcast by a Greek television company.
The Premier League sued Murphy, who appealed the decision to Europe's highest court.
Only the opening video sequence, the Premier League anthem, and various graphics can be protected by copyright, according to the ECJ.
"By contrast, the matches themselves are not works enjoying such protection," said the ruling.
But the court went further.
"A system of licences for the broadcasting of football matches which grants broadcasters territorial exclusivity on a member state basis and which prohibits television viewers from watching the broadcasts with a decoder card in other member states is contrary to EU law," said the ECJ in its ruling.
The case in the ECJ also involves the suppliers of 'decoder cards' to pubs and other entities.
"National legislation which prohibits the import, sale or use of foreign decoder cards is contrary to the freedom to provide services and cannot be justified either in light of the objective of protecting intellectual property rights or by the objective of encouraging the public to attend football stadiums."
The Premier League sued Murphy, who appealed the decision to Europe's highest court.
Only the opening video sequence, the Premier League anthem, and various graphics can be protected by copyright, according to the ECJ.
"By contrast, the matches themselves are not works enjoying such protection," said the ruling.
But the court went further.
"A system of licences for the broadcasting of football matches which grants broadcasters territorial exclusivity on a member state basis and which prohibits television viewers from watching the broadcasts with a decoder card in other member states is contrary to EU law," said the ECJ in its ruling.
The case in the ECJ also involves the suppliers of 'decoder cards' to pubs and other entities.
"National legislation which prohibits the import, sale or use of foreign decoder cards is contrary to the freedom to provide services and cannot be justified either in light of the objective of protecting intellectual property rights or by the objective of encouraging the public to attend football stadiums."
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