ART card public viewing – a landmark decision

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Have FACT got their facts wrong again?

While he was the licensee of the Fisherman’s Inn at Littleborough, near Rochdale, Brian Gannon purchased a legitimate foreign satellite system and subscription so that his patrons could enjoy live F.A. Premier League football.

The patrons of the Fisherman’s enjoyed watching Chelsea v Birmingham City at 3:00pm on 21st August 2004, but Brian found himself being prosecuted by Mr Raymond Hoskin of the Federation Against Copyright Theft (“FACT”) for allegedly receiving a programme included in a broadcasting service provided from a place in the United Kingdom with intent to avoid payment of a charge applicable to the reception of that programme.

Having been found guilty by Rochdale Magistrates Court, Brian appealed to Bolton Crown Court.

On Friday 24th March 2006, HHJ Warnock, sitting with two lay Justices, upheld Brian’s appeal. In delivering the court’s decision, HHJ Warnock said that not only was the court satisfied that Brian had not been dishonest, but that FACT had not even established vital generic elements of the alleged offence.

Commenting after the appeal hearing, MBC’s head of Licensing & Regulatory Affairs, Paul Dixon, said:-

“ This is a landmark case. Not only is it the first significant legal authority on this emerging area of law, but it reinforces my view that prosecutions such as this are being driven by the F.A.P.L. and Sky to protect their commercial monopolies. Whilst this case was about a “closed period” match, the generic principles apply to all live satellite broadcasts of FAPL matches. It is a benchmark decision on the issue of criminal liability.”

The story is reported at Molesworths Bright Clegg, Solicitors website and can be found here:

http://www.molesworths.co.uk/bulletin.asp?sectionID=18

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As (rather belatedly) reported by the Indepenent yesterday...

Originally published: 12 April 2006

Pubs will be able to screen live Premiership football on Saturday afternoons in defiance of Sky television bosses under a landmark Crown Court judgment.

A judge overturned a conviction against a pub landlord who exploited a loophole in the law by using the services of a television company based in Greece.

The Union of European Football Associations had banned publicans from screening Premiership football between 2.45pm and 5.15pm at the request of the Football Association Premier League (FAPL).

Brian Gannon, 56, a licensee from Milnrow, near Rochdale, Greater Manchester, was fined £1,500 under copyright laws and ordered to pay more than £3,000 in costs for showing matches in the "closed period". Mr Gannon appealed against the magistrates' court ruling, successfully arguing that the ban only applied to services originating in Britain and that there was no "dishonesty" involved because he paid for the service.

More than 100 licensees are facing similar prosecutions and up to 3,000 pubs have similar satellite-television systems. The ruling by Judge Robert Warnock at Bolton Crown Court could open the way for tens of thousands of licensees to screen Premiership games on Saturday afternoons.

Paul Dixon, Mr Gannon's lawyer, pointed out that while licensees could pay between £300 and £2,000 a month to BSkyB, they could use foreign services for about £500 a year. Mr Dixon said: "Prosecutions such as this are being driven by the FAPL and Sky to protect their commercial monopolies."

Source: The Independent