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ARTICLE · 22 JANUARY 2013

Extra-Time At The High Court

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At the very end of 2012, the Court of Appeal dismissed an appeal in the FA Premier League v QC Leisure case.

United KingdomIntellectual Property
At the very end of 2012, the Court of Appeal dismissed an appeal in the FA Premier League v QC Leisure case. In doing so, it confirmed that the defence of "free public showing or playing of broadcast[s]" (s72 CDPA 1988) applied to the highlights and match replays contained within Premier League broadcasts. Accordingly, there was no infringing communication to the public of these copyright works. However, the defence does not apply to musical works (eg the Premier League anthem) or artistic works contained in the broadcasts (eg the logos).

Background

We have previously reported on the Premier League's ongoing battle against the suppliers of non-UK decoder cards and various publicans in the UK using those decoder cards to broadcast live Football Association Premier League (FAPL) football matches through non-UK channels.

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