Hong Kong, August 15th, 2007 – Three Hong Kong bars have settled substantial High Court lawsuits for illegally broadcasting the World Cup football tournament in June last year.
The three Wanchai bars – Carnegies, the Bridge and the Coyote Bar & Grill – made “out of court” settlements with the Federation Internationale de Football Association (FIFA) and local pay-TV operator Hong Kong Cable Television Limited (Cable TV). The defendants have paid substantial compensation to the plaintiffs for infringing copyright, covering the plaintiff’s legal costs and the placement of apology letters.
Meanwhile, two additional Hong Kong bars, The White Stag and Devil’s Advocate, still have outstanding copyright claims against them.
Speaking on behalf of the plaintiffs, the Cable & Satellite Broadcasting Association of Asia (CASBAA) welcomed the decision.
“The Hong Kong courts have once again emphasized the importance of intellectual property laws for broadcasters and the community at large. We certainly hope this message is clearly received and there is a full understanding that TV broadcasts of all kinds are protected by copyright,” said Simon Twiston Davies, CEO of CASBAA.
“This outcome, in particular, delivers a clear message to the food and beverage industry that copyright must be determinedly respected at all times. Without such support the entire media and entertainment industry – a vital pillar of Hong Kong’s economy – is under threat.”
In a separate Hong Kong High Court action in July, the bars argued that FIFA and Cable TV had failed to supply sufficient evidence that the cable operator held the exclusive rights for the distribution of the World Cup football matches. The Judge threw out the defending argument, saying the bars had provided no reason to doubt the licensing arrangements.
“Pay-TV is a major instrument for sports development and we are delighted to see Hong Kong taking the lead in protecting the rights of those who make big investments in the Asia Pacific,” said David Murray, Senior Legal Counsel of FIFA.
Cable TV further noted that pay-TV piracy of all kinds undermines the business model for creating and distributing high-value television programming, not only for sports but also for dramas and even news content. “Without strong copyright legislation and the support of the courts, the entire communications industry will be unable to grow in Hong Kong. We very much welcome the results of these on-going cases,” said Garmen Chan, Vice President, External Affairs of Cable TV.
Meanwhile, CASBAA said the industry remains committed to tracking down and prosecuting the suppliers of illegal pay-TV equipment in Hong Kong. While the unauthorized display of pay-TV services in public venues for commercial gain is of the greatest concern to the industry, the traders in illegal decoders are at the head of the supply chain and, as in previous cases, “will not be allowed to operate without sanction”. In earlier legal actions CASBAA and its members won high profile cases against such traders in the High Court.
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About CASBAA – www.casbaa.com
The Cable & Satellite Broadcasting Association of Asia (CASBAA) is an industry-based advocacy group dedicated to the promotion of multi-channel TV via cable, satellite, broadband and wireless video networks across the Asia-Pacific. CASBAA represents some 125 Asia-based corporations, which in turn serve more than three billion people. Members include AETN International (History Channel), Asia Broadcast Networks, Asia Broadcast Satellite, AsiaSat, Astro, Australia Network, Bloomberg Television, Chunghwa Telecom, Discovery Networks Asia, Genesis Networks, Granada International/ITV Worldwide, HBO Asia, Intelsat, Macquarie, MediaFLO Technologies, Motorola, MTV Networks Asia Pacific, Nokia, now TV, PricewaterhouseCoopers, Sony Pictures Television International, STAR Group, Sun Microsystems, TrueVisions, Turner International Asia Pacific, Walt Disney Television International, Zonemedia, Al Jazeera, Amarchand Mangaldas, Asian Food Channel, BBC Global Channels Asia-Pacific, Celestial Movies, ESPN STAR Sports, GMA Network Inc., GroupM, Fu Yang Media, HiT Entertainment, Hong Kong Cable, Irdeto, KDB Skylife, Lovells, Measat, MGM NETWORKS, Minter Ellison, National Geographic, Paul Weiss, Playboy TV, ProtoStar, PT Direct Vision, SAT-GE, Tandberg Television, Tata Sky, Ten Sports, TimeWarner, TV18, Viaccess and Zee TV.
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