A pub landlady has won the latest stage of her fight to air Premier League games using a foreign TV decoder.<br />
<br />
Karen Murphy had to pay nearly £8,000 in fines and costs for using a cheaper Greek decoder in her Portsmouth pub to bypass controls over match screening.<br />
<br />
But she took her case to the European Court of Justice.<br />
<br />
The ECJ now says national laws which prohibit the import, sale or use of foreign decoder cards are contrary to the freedom to provide services.<br />
<br />
The decision could trigger a major shake-up for the Premier League and its current exclusive agreements with *** Sports and ESPN.<br />
<br />
"In practical terms, the Premier League will now have to decide how it wishes to re-tender its rights," said sports media lawyer Daniel Geey of Field Fisher Waterhouse solicitors.<br />
<br />
"There can be little doubt it will have contingency plans ready to go and has various options available.<br />
<br />
"Be it a pan-EU tender, selling in only certain EU member states or devising a plan to start its own channel, they will be deciding how best to maximise the value of their product to ensure any revenue shortfall is minimised."<br />
<br />
However, the ECJ did add that while live matches were not protected by copyright, any surrounding media, such as any opening video sequence, the Premier League anthem, pre-recorded films showing highlights of recent Premier League matches and various graphics, were "works" protected by copyright.<br />
<br />
To use any of these parts of a broadcast, a pub would need the permission of the Premier League.<br />
<br />
The findings will now go to the High Court in London, which had sent the matter to the ECJ for guidance, for a final ruling.<br />
<br />
source