An authorization from the broadcaster is necessary for transmitting football matches in pubs with TV cards for private use

The Third Criminal Chamber of the Supreme Court, with judgement No. 20142/2010, confirmed the challenged decision which had condemned private clubs for having transmitted football matches by pay TV, using cards for private use, without authorization from the broadcaster. The Supreme Court considered that the challenged decision was grounded as it had considered punishable the transmission of an encrypted service outside the scope of the agreement with the broadcaster concerning the mere personal use. In particular, a specific malice subsists for the two club managers due to the increased income achieved by the presence of numerous customers in the private clubs concerned and the consequent increased supply of beverages and foods. The Supreme Court has indeed ruled that the conduct in question involves a violation of copyright law (Law 22 April 1941, No. 633), in particular of Article 15. This Article provides the right of representation, performance or recitation in any form of free and fee musical, dramatic and cinematographic works and of any other work of public entertainment. Therefore the public performance of a work requires the consent of the rightholder - or of the relevant collecting society.

06/10/2010 | Copyright