A year-long legal case came to a close in December, showing that productions and recordings of sports events can be protected under copyright law and can therefore be enforced and protected through the Danish blocking system.
This result that is an important milestone in Denmark as well as internationally, as it is the first European case in which a court has reached the conclusion that sports events can be protected in this way by copyright.
“With a final verdict in the case, we have the court’s word that rights to show football are subject to copyright and can therefore be protected,” said Maria Fredenslund, director of the Rights Alliance. “A result that is both pleasing for LALIGA and all other rights-holders who experience that their rights to show live content are not respected.
“We therefore look forward to using the decision as a starting point to achieve better protection of live content in Denmark and also hope that the case can pave the way for similar initiatives in other European countries,” she said.
By coincidence, an ongoing case involving users accessing LaLiga via illegal sources in Spain may turn on the fact that sports programming may not be protectable under that country’s intellectual property law.
On December 11, the Eastern High Court (Denmark) refused to hear a Spanish operator’s appeal of the district court’s ruling, and thus it is final that LALIGA and the Rights Alliance were right in their claim that a Spanish operator violated LALIGA’s copyright by making links to illegal live broadcasts of football matches in the Spanish first and second divisions available on their service.
Blocking system thoroughly tested
The persistent protests from the operator behind the illegal service in the case have led to the Danish blocking system being tested on all sides, via injunction cases and ordinary civil cases in both the city and high courts. The case has also tested and validated the methods used by the Danish Rights Alliance in obtaining the blocking of websites with illegal content.
Obtaining blocking in substantive cases such as this requires that it be documented that a copyright infringement has occurred, in contrast to cases for preliminary injunctions, where the matter must be made probable.
Original press release
The court rules: Live sports can be protected by copyright in Denmark. Press release. December 19, 2024. Rettighedsalliancen (Rights Alliance) Denmark
Why it matters
The Rights Alliance and the Spanish football league LALIGA have won a year-long case. The case shows that live sports broadcasts can be protected by copyright in Denmark, enabling the blocking of illegal platforms and securing exclusive rights to live sports.
