F1 fan videos - implications of the Premier League pub case?

[AndyL]

A British pub just won their case at the European Court of Justice to be able to broadcast Greek satellite TV coverage of English football matches:
BBC News - Premier League games can be shown on foreign decoders (http://www.bbc.co.uk/news/business-15162241)

One aspect of the verdict caught my eye: the court ruled that a football match (and, I would infer, any other sporting event) is not the intellectual creation of an author, and is therefore not subject to copyright protection. I guess that means fan videos taken from the stands should now be immune from the aggressive copyright claims of FOM. At least as long as they're hosted on European video services, e.g. DailyMotion.

[Mark]

Videos from the stands would likely be in breach of the terms of admission but this only leaves the cameraman as liable and not the host site.

[BDunnell]

Not having attended a Premier League game or F1 race for years, what does it state on the tickets with regard to this sort of thing? I would imagine the usual stuff about 'private, non-commercial use only' — or is it something more?

[AndyL]

Not having attended a Premier League game or F1 race for years, what does it state on the tickets with regard to this sort of thing? I would imagine the usual stuff about 'private, non-commercial use only' — or is it something more?

The last time I read the small print on a Brands Hatch ticket it was much as you describe. ISTR a Silverstone ticket a few years ago tried to claim ownership of the copyright in any photos or videos you took within the circuit - which I can't imagine would have the slightest chance of standing up against the Unfair Terms in Consumer Contracts regulations.

As Mark says, even when they're fair, those ticket terms can only bind the parties to the contract. Not the hosting site, and not the uploader either if they weren't the person who took the video.

[BDunnell]

The last time I read the small print on a Brands Hatch ticket it was much as you describe. ISTR a Silverstone ticket a few years ago tried to claim ownership of the copyright in any photos or videos you took within the circuit - which I can't imagine would have the slightest chance of standing up against the Unfair Terms in Consumer Contracts regulations.

Indeed — yet another impossible-to-enforce attempt to claim copyright. There is no doubt that copyright laws are ripe for modernisation, it being impossible to undo the existence of YouTube. Until then, people will simply continue to flout the existing regulations with impunity.

[Knock-on]

OK, this may not be that popular but what is 'fair'?

Is it fair for people to circumvent fees to Sky which contributes a lot of money to Football and soon to F1 in preference of a free service?

How sustainable is this in the long run?

Isn't it just like jumping over the fence to get into a Motor Circuit for free?

[BDunnell]

OK, this may not be that popular but what is 'fair'?

Is it fair for people to circumvent fees to Sky which contributes a lot of money to Football and soon to F1 in preference of a free service?

How sustainable is this in the long run?

Isn't it just like jumping over the fence to get into a Motor Circuit for free?

It is an interesting debate. While technically you are right, I tend to think the stable door has been opened, so to speak, and is now impossible to close in a way that people will consider reasonable.

[Mark]

But she isn't getting it for free. She's still paying the Greek station who are still paying the Premier League.

[BDunnell]

But she isn't getting it for free. She's still paying the Greek station who are still paying the Premier League.

I suppose the point is that it could be argued that she wasn't paying who she should technically be paying — until the outcome of the case clarified matters, that is.

[Knock-on]

Good points but again, if everyone does it, what will happen in the long run?

It reminds me of the Radio Caroline situation.

Perhaps this heralds a long overdue review of the regulations surrounding streaming, broadcasting and copyright. We all want high class service and broadcasting but lets face it, if we can get it for free, we would. Where would the money come from?

[anthonyvop]

In the USA just about every broadcast of a sporting event you will hear this sometime during the show: "Any other use of this telecast or any pictures, descriptions, or accounts of the game without the (Insert league, Team or series name) consent is prohibited,"

It is pretty ironclad and the courts have backed it up 100% Usually the League, Team or series wouldn't hassle with a bar or pub but if somebody starts making money of it or cost them income then they will shut you down.

[Mia 01]

Keep this out of the F1 site or stay out for good.