Football fans in possession of Telestarr decoder cards are free to watch Premier League games live after a judge ruled yesterday there could not be a case of breaching copyright.

Football Association Premier League Ltd (FAPL) and Melita plc asked Madam Justice Abigail Lofaro, sitting in the First Hall of the Civil Court, to rule that the sale of decoder cards by Telestarr Ltd to watch Premier League games violated copyright. They also claimed that such sale breached the exclusivity rights granted to Melita by FAPL.

Madam Justice Lofaro noted in her judgement that last year the European Court of Human Rights had ruled that FAPL could not hold copyright over live football matches because these could not be classified as creative works. To be so classified, the subject matter would have to be original in the sense that it was the author’s own intellectual creation.

The European Court had ruled that sporting events could not be regarded as intellectual creations. Football matches, which were subject to the rules of the game, left no room for creative freedom.

Madam Justice Lofaro therefore ruled that FAPL did not hold copyright over the football matches.

FAPL had granted exclusive rights to Melita to broadcast Premier League games and, so, the court had to see whether Telestarr had violated this deal.

The European Court had consistently ruled that there could be restrictions on the freedom to provide services if these were necessary to protect intellectual property rights, such as copyright.

Once FAPL did not hold copyright on the games, then the exclusivity granted to Melita could not benefit from justified restrictions, which were intended to protect intellectual property rights. FAPL and Melita were therefore not justified in stopping Telestarr from selling decoder cards.

Lawyer Josette Grech appeared for Telestarr.