Comments on: Premier League Hits a Road Bump In YouTube Lawsuit

By: SportsBiz

SportsBiz — Fri, 04 Sep 2009 00:12:13 +0000

Well, I am a lawyer but not a copyright expert. Nevertherless, let me take a shot at this. The statute is explicit in requiring that a copyright be filed before an action can be commenced for an injunction and damages and no action can be maintained, just as Alexander points out. It would seem to offer little room for appeal and I’m quite frankly surprised that the firm of lawyers used by the EPL didn’t know better. I’m sure that the EPL uses a large corporate law firm with branches around the world and should have been able to pick up on that.

However, that does raise a question that will undoubtedly get raised on appeal, although it is only a policy question and not one for the appellate court. Is this policy fair to non-Americans and is this a policy that is emulated in non-US jusridictions? Does the EU have a similar policy? is there a chance to take this before the World Trade Organization? I don’t know the answer here I’m just raising the question.

For now, it would appear that the EPL is out of luck.

By: Alexander Penley

Alexander Penley — Fri, 10 Jul 2009 13:56:04 +0000

If they did not register the copyrights (even if at the same time as filing suit) then they do not have grounds. This is correct. When pursuing such claims sometimes it is best to work with attorneys who have experience in International Copyright on both sides of the pond.

I am saying this as one who, based in New York, practices Copyright law and is licensed in both the US and the UK with an LLM in International Intellectual Property law

By: Scott

Scott — Fri, 10 Jul 2009 02:56:43 +0000

interesting read, thanks for the link

like the bit about showing TV listings not fixtures !

seems nuts that they have this right over the fixture list, I wonder how legally watertight the whole thing is

and live score sites – they’ll be on to them next at this rate

come to think of it do they pay the fee to list the fixtures ?

is it only the UK leagues that do this ? oes anyone know if are there similar restrictions for Serie A etc or even other sports ?

By: The Gaffer

The Gaffer — Fri, 10 Jul 2009 02:29:34 +0000

Unfortunately the Premier League sent a cease-and-desist letter to a website which was giving live updates via Twitter. More info at http://www.epltalk.com/twitter-is-the-enemy-of-the-premier-league/5719

Cheers,
The Gaffer

By: Scott

Scott — Fri, 10 Jul 2009 01:32:47 +0000

whats the problem with live updates and tweets ? they’re not claiming they infringe rights are they ?

http://www.footballnewshq.com/