Protection for law-abiding pubs is upheld following a successful prosecution by the Federation Against Copyright Theft (FACT). Michael Marley of the Shillings Bar, 78 New Chester Road, Wirral, CH62 5AD was convicted for showing Sky Sports programmes illegally in his premises. Mr Marley chose to appeal against his conviction at Liverpool Crown Court, which was dismissed on 23rd January 2014 as fines and costs approach £20,000.
It was originally on 17th September 2013 that Michael Marley, Dawn Houghton (Premise License holder) and Sharon Whitehead (Designated Premise Supervisor) were convicted after trial at Wirral Magistrates Court of dishonest reception of a television transmission (a Sky televised football match) at the above licensed premises without a commercial viewing agreement, contrary to Section 297 (1) of the Copyright Design and Patents Act 1988. Mr Marley, Ms Houghton and Ms Whitehead were ordered to pay a combined total of £14,530.81 in fines and costs.
In response to Mr Marley’s subsequent appeal, the Crown Court has upheld the conviction, including the original combined fines and costs enforced. Additionally, the Crown has ordered Mr Marley to pay a further £4,750.00 in costs, which raises the combined total fines and costs to over £19,000.
Deterring publicans who fraudulently show Sky content
Stephen Gerrard, Prosecuting Manager, FACT, said: “Our aim is to help create an effective deterrent to publicans who endeavour to fraudulently show Sky content in their premises. As this case and numerous others have shown, we successfully pursue and prosecute dishonest licensees who are then faced with substantial fines, costs and a criminal record.”
Alison Dolan, Deputy Managing Director at Sky Business, said: “This case reinforces the message that licensees will face legal action when using any system that allows access to matches to which Sky has exclusive rights in the UK without a commercial viewing agreement.
“Sky’s on-going support for FACT in prosecuting licensees who break the law is part of our unwavering commitment to protect the investment that thousands of hardworking licensees make in Sky Sports to build their businesses and entertain their customers.”
1500 prosecutions – more coming
There have been more than 1,500 similar prosecutions to date and hundreds of further cases are in the pipeline. FACT will continue to protect the intellectual property rights of its member companies. Publicans can expect to be prosecuted if they persist in breaking the law in this way. Those who are convicted can expect to face substantial fines, costs and the possibility of having their personal licences suspended or revoked.
About FACT
The Federation Against Copyright Theft is the UK’s leading trade organisation established to protect and represent the interests of the film and broadcasting industry against copyright and trademark infringements. Established in 1983, FACT works closely with statutory law enforcement agencies to combat all aspects of audio-visual theft including the increasing threat from online/internet-based piracy. FACT has been accepted as a prosecution authority and engages in criminal prosecutions in its own right.
The maximum penalty for breach of section 297 (1) of the Copyright Designs and Patents Act 1988 is £5,000 per offence. FACT has successfully prosecuted over 1,500 publicans for the breaches of the Copyright Designs and Patents Act 1988.
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