Category Archives: performance rights

Football update

Anyone who follows a football team for any length of time knows that the lows far outnumber the highs. For me one such low occurred the last time I turned out to cheer my team on last weekend.

Early in the second half the opposing goalkeeper took a hopeful but aimless punt upfield, as goalkeepers do. This is something which happens ten, maybe twenty, times in a game and rarely produces excitement of any kind. Imagine then, if you will, my consternation and that of my fellow supporters as we looked up to see the ball get caught in the wind, bounce and sail over the head of our own hapless goalie and into the net.

Of course it’s rare that non-league football hits the headlines. One incident which received rather more media coverage was when the same thing happened in a Premiership match last January when Everton’s Tim Howard scored a similar goal.

Predictably, within hours of the ball crossing the line a video clip of the Howard goal appeared on YouTube. Some time later there was an objection from the Premier League that the extract had been uploaded to the site without their permission and hence it had to be taken down.

At the time there was some discussion on the copyright mailing list I subscribe to (you’re jealous, aren’t you?) as to the whys and wherefores of this. Were the Premier League within their rights to complain? Maybe yes, given the fact that they claim ownership of TV footage of Premiership matches. What, though, if a spectator had filmed it himself on his phone? Could the Premier League justifiably object to this?

Would this be comparable to someone filming a live musical performance? Generally this wouldn’t be permissible because of a part of the Copyright Designs and Patents Act which gives individuals a “performance right”. This obliges anyone wanting to film a performance and share it with others to seek permission before doing so. This is why lecturers need to give their OK before their lectures are filmed.

Either way it’s doubtful that Tim Howard would object too strongly to having the single goalscoring achievement in his footballing career publicised as widely as possible.

(Image: Creative Commons courtesy of jbelluch)

copyrightlaws.com

A university copyright officer tries to make sense of it all...

Mimi and Eunice

A university copyright officer tries to make sense of it all...

A university copyright officer tries to make sense of it all...

Copyright For Education

A university copyright officer tries to make sense of it all...