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13 ESLJ [1] (2015)

handle is hein.journals/entersport13 and id is 1 raw text is: Abstract
Introducti o                          Sporting events as dramatic
Cateores or sporting events                       i         UK
W                                            rk dn n  refrnition of dramatic wFrorksem
Inclus on o rsortin, events in the
ate Corv of dmatic works
Ori inality ink UKcoovi pht lawn
riginaity oforortin       eventsin liahtof      Viola iam, L          ,
the CJEU decision in FAPL                University of Ftrence, u o   o of Law,
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anolie to soortin  e/ nts                           lopr  n Ias   t    v      r
Fixation of s  oortin                 events
Conclusion
References
ABSTRACT
The Court of Justice of the European Union, in the Football Association Premier League and Murphy
rulings, categorically concluded that sporting events themselves, and in particular football
matches, could under no circumstances be classified as works for the purposes of copyright at the
EU level, as they are not a given 'author's own intellectual creationss within the meaning of the
Information Society Directive200l/29EC. Besides dismissing copyright in a sporting event per se,
the CJEU leaves open to domestic legal orders its inclusion into subject matter that is worthy of
protection, comparable to that granted to works.
The proposal advocated in this article is to entitle certain sporting events - the so called
'choreographed'sports - to copyright protection in the UK, rather than to other IPRs or specific
agreements concluded between a 'holder' of IPRs and a broadcaster. Owing to the absence of UK
case law on the issue, determining the extent to which a sporting event warrants copyright
protection calls for an enquiry into existing and stipulated forms of expression and other
requirements for copyright subsistence, specified in the Copyright, Designs and Patents Act 1988
('CDPA'). It is submitted in this paper that the most plausible route is to ascertain whether an
analogy can be drawn between a sporting event and a 'dramatic work,. pursuant to section 3(1) of
the CDPA, which is inclusive of a work of dance. The other conceivable option, in light of Norowzian
v Arks Ltd (No 2), would be to qualify the content of films or broadcasts, reproducing sports
competitions, as dramatic works.
KEYWORDS
Sporting Events, UK Copyright Law, Dramatic Work, FAPL & Murphy
INTRODUCTION
The CJEU made a broad statement in its decision in joined cases C- 403/08 & C-429/08, 1
Football Association Premier League et al. v QC Leisure et al. & Murphy v Media Protection
Services Ltd ('FAPL') [2012] 1 CMRL 29, ruling out sporting events from the subject matter
that attracts copyright protection at the EU level. The present analysis enquires into the

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