The Decoder Cases: Copyright in Sports Broadcasts under Assault?

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Presentation transcript:

The Decoder Cases: Copyright in Sports Broadcasts under Assault?

Prof Dr Paul L.C. Torremans, University of Nottingham, Blaca Chairman

The provisions of Articles 34 and 35 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality, public policy or public security; […]the protection of industrial and commercial property. Such prohibitions or restrictions shall not, however, constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.

 Goods  Deutsche Grammophon v Metro [1971] ECR 487  Musiek-Vertrieb Membran v Gema [1981] ECR 147  Warner Bros v Christiansen [1988] ECR 2605 (rental)  Services  Coditel v Ciné Vog Films (Nr. 1) [1980] ECR 881

 Football Association Premier League Ltd v QC Leisure [2008] FSR 32, [2009] 1 WLR 1603  Murphy v Media Protection Services Ltd [2008] FSR 33  Now joined cases C-403/08 and C-429/08 respectively (pending before the ECJ)