Evelyn (18/05/14 12:53)
This is going to get interesting as it is aneohtr test of the parameters of copyright v commercial/competition law. For copyright to work one needs to protect and encourage the protection of creative endeavours while for the open market to work one has to allow for cross border trade and access to commodities. What we have here is a clash between what is arguably not particularly creative - though as a football match it is a form of performance - but something that is highly commercial. So it falls between the two types of law and their respective intents. Copyright law has not evolved to line BSkyB's coffers while competition law has been implemented and evolved to ensure the likes of BSkyB do not abuse their position in the market. So in this case, assuming the Art81 argument prevails, then the legal issue is how does copyright law respond to this? At a commercial level it won't take a genius or even a lawyer to work out that if the ECJ ruling results in rights holders having their slice and dice IP monopoly diluted by being forced to offer a pan European license, then they will simply adjust their pricing structures to recoup their losses. So what might seem like a short term win for pub landladies and others may translate into a general price hike across Europe while the respective legislatures figure out how to align EU competition law with the various IP related directives and domestice IP laws.