The Federation appealed against a decision rejecting its complaint against the defendant of having committed offences under the 1988 Act. He ran a social club, and was accused of showing material taken via a contract with Virgin for private showing, and showing it publicly. The magistrates found that some payment having been made, no conviction would follow.
Held: The appeal was allowed, and the acquittql quashed. The phrase ‘any charge applicable to the reception of the programme’ has to be read as a whole. It refers to whatever charge is properly applicable to the reception of the programme in the circumstances in question. Nor did a payment to Vrgin amont in any way to a payment to Sky.
Laws LJ, Irwin J
[2013] EWHC 1923 (Admin), [2014] 1 WLR 1322
Bailii
Copyright, Designs and Patents Act 1988 297(1)
Citing:
Cited – Football Association Premier League and Others v QC Leisure ECJ 4-Oct-2011
ECJ Judgment – Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member . .
Cited – Murphy v Media Protection Services Ltd Admn 8-Mar-2012
A prosecution was laid against the defendant who used a decoder to receive football programmes in her public house via a satellite which beamed the programmes from a provider in Greece. The allegation made by the defence was that this was in effect . .
Cited – Football Association Premier League and Others v QC Leisure ECJ 4-Oct-2011
ECJ Judgment – Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Crime
Updated: 03 December 2021; Ref: scu.525495