“Is it an infringement of copyright to live screen the English Premier League matches in a restaurant/bar?”
Case:
THE FOOTBALL ASSOCIATION PREMIER LEAGUE LTD & ANOR V BAR THEORY SDN BHD [2023] 1 CLJ 471
Brief Facts:
- The 1st Plaintiff (The Football Association Premier League Ltd) (Premier League) is involved in the business of organising the English Premier League competition and controls the worldwide audio-visual rights to all telecasts of Premier League matches.
- The 2nd Plaintiff (ASTRO) is the exclusive licence holder in Malaysia to record, reproduce and re-broadcast Premier League matches to its subscribers.
- To preserve and protect their works, the Plaintiffs have painstakingly taken steps to copyright their respective works and films.
- The 1st Defendant (Bar Theory Sdn Bhd) (BAR) operates a restaurant bar in KL with 2nd and 3rd Defendant as the directors.
- On 26 February 2022 and 5 March 2022, the BAR had in its restaurant/bar in KL live screened two earlier Premier League matches to its patrons on a set-top-box set-up.
- Thus, the Premier League and ASTRO brought an action against the Defendants for copyright infringement.
THE DECISION OF THE HIGH COURT
- The High Court held that the Defendants had committed an act of copyright infringement by making available the copyrighted works at their restaurant/bar, without the consent or licence of Premier League/ASTRO.
- By streaming the matches of the Premier League to its patrons, the Defendants had transmitted the copyrighted works to a segment of the public not contemplated by the Plaintiffs.
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