COUNSEL FOR a Tralee town centre hotel told the Circuit Civil Court in the town yesterday it was not infringing Irish copyright laws when it screened a number of live Sky Sports matches in its public bar in 2006 and 2007, as Irish copyright had specifically provided for such screenings in hotels in limited circumstances.
This was the first time such a defence was used in an Irish court, the hotel’s counsel said.
British Sky Broadcasting Ltd, of Grant Way, Isleworth, Middlesex, UK, has lodged a claim for €5,174 for alleged infringements over a period of 13 months – between November 2006 and November 2007 – against the Abbeygate Hotel, Market Place, Tralee.
Sky alleges the Abbeygate showed broadcasts of English Premier League matches and European Cup rugby matches that were protected by copyright, specifically the Copyright and Related Rights Act, 2000, counsel for Sky Tom Rice said.
Barrister for the Abbeygate Stephen O’Halloran said under Section 97 of the Copyright Act no infringement had taken place. A premises where sleeping accommodation was provided and in which amenities were “exclusively or mainly for residents”, and for which there was no discretionary charge levied, was not infringing the Act, Mr O’Halloran said.
However, Mr Rice said a question mark had been placed over the Irish Section 97 by the European courts. Judge Ray Fullam adjourned his decision until Wednesday next.