Murphy: Can Broadcasting Copyrights Hinder the Internal Market?

There is definitely an apparent conflict between free movement principles and the territorial nature of intellectual property rights. The reason is pretty clear. On one side, the common market project pursues the scope of building an area of free trade without barriers from state to state. On the other side, instead, the protection of intellectual … Continue reading

More commentary on the AG’s Opinion

For further comment on the Advocate General’s Opinion see this post by Hugo from the 1709 blog on the potential implications of the licensing of rights across Europe. Another interesting post can be found on the IPKat blog which includes the English Premier League’s response to the Advocate General’s Opinion. UPDATE: For a detailed commentary … Continue reading

“Communication to the Public” in Murphy

Post by Dr Enrico Bonadio The Opinion released on 3 February 2011 by the Advocate General in Murphy (Joined Cases C-403/08 and C-429/08) also covers the communication to the public right. The AG Professor Juliane Kokott held that the showing of Premier League live matches in pubs does not constitute communication to the public under … Continue reading

Trans-Atlantic Lessons from the EU Challenge to Exclusive Broadcast Territories: Guest Post by Prof. Stephen F. Ross

Stephen F. Ross is Professor of Law and Director of the Institute for Sports Law, Policy and Research at The Pennsylvania State University, and has co-taught sports business courses at the City University London’s Cass Business School. If followed by the ECJ, the Advocate General’s Opinion will bring renewed attention in both Europe and the … Continue reading

Football Economics: Guest Post by Prof. Stefan Szymanski

Stefan Szymanski is Professor of Economics and Director of the Sports Business Network Research Centre at the Cass Business School. Once again football’s “specificity” has taken the field against the EU’s single market, and once again it appears to have lost. Just as with the Bosman ruling, the Advocate General’s opinion makes clear that the … Continue reading

Murphy – Price Discrimination in the Internal Market

The Opinion in Murphy brings to the fore a long-running problem in European law: how far can businesses seek to charge different prices to different customers for the ‘same’ thing? Many economic models now assume that such price discrimination is often essential to profit-maximisation. This is not however always a sign that a firm is … Continue reading

Summary of Advocate General’s Opinion

Post by Prof. Lorna Woods There are two views of the law at war in this case. The first focuses on issues through the lens of intellectual property law – essentially territorial and technical. The other sees the world from the perspective of the need to create the internal market, so looking at a pan-European … Continue reading

Opinion Released: Competition before Copyright

Advocate General Kokott’s Opinion in Murphy v Media Protection Services and FA Premier League v QC Leisure has just been released. Broadly speaking, the AG’s Opinion states that exclusivity agreements (where subscribers are not allowed to use foreign decoder cards to access broadcasts of football matches from outside of their territory) run counter to the … Continue reading

Beer, and Football on TV

When a pub landlady, Karen Murphy, subscribed to a Greek broadcaster to show Premier League matches in her pub she was sued by Sky (who was licensed to show the matches in the UK) for “dishonestly [receiving] a programme included in a broadcasting service provided from a place in the United Kingdom with intent to … Continue reading