This is an important case not only for sports rights holders and broadcasters, but for anyone interested in the limits of copyright protection in an age of changing communications technology. It revolves around Fanatix’s iOS App, which allowed users to upload and share, on a near-live basis, short clips of sports broadcast footage and which was ultimately determined to amount to an unlawful copyright infringement.
Arnold J.’s final judgment considered the evolution of reporting and consuming broadcast material, whilst differentiating between a free sports clips sharing service and the possibility of a citizen reporting or commenting on newsworthy events (including sporting events) by occasionally and legitimately using copyright protected material.
The judgment can be read in full here: http://www.bailii.org/ew/cases/EWHC/Ch/2016/575.html
Robert Howe QC and Nick De Marco acted for the ECB and Sky.