Sky suffers broadcasting rights blow at EU Court of Justice

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Sky suffers broadcasting rights blow at EU Court of Justice

Sky has suffered a setback at the Court of Justice of the EU after the Court’s legal adviser said that EU law can limit the compensation payable to broadcasters by rivals who want to show news clips of events such as football matches

Advocate General Bot issued his opinion today in Sky Österreich v Österreichischer Rundfunk (ORF), a dispute between Sky, which owned the right to show certain Europa League matches in Austria, and ORF, Austria’s public broadcaster, which wanted to show clips of the games as part of its news programming.

In December 2010, the country’s communications watchdog, KommAustria, decided that Sky must allow ORF the right to transmit clips of games involving Austrian teams.

The Audiovisual Media Services Directive allows TV channels to acquire exclusive rights to broadcast events such as football matches, even if they are of great public interest. But it says that they must allow rivals to use short extracts for news purposes and provide them with access to the signal so that they can choose which extract they want to use.

Crucially, the directive says that the compensation linked to that use must not exceed the additional costs incurred in providing that access.

In this case, the additional costs were zero.

Sky complained to the Bundeskommunikationssenat (the Federal Communications Tribunal), arguing that the system is unfair. The Tribunal has asked the Court of Justice of the EU tp rule whether the part of the directive which deals with compensation constitutes a justified interference with the freedom to conduct a business and the right to property of holders of exclusive rights.

Today Bot advised the Court to rule that the directive does interfere with the fundamental rights broadcasters who enjoy exclusive rights of transmission because they can no longer freely decide the price they charge for access to short extracts of events.

But he said that such interference is justified because it is outweighed by the freedom to receive information and the need for media pluralism.

Bot’s conclusion does not give broadcasters a green light to transmit unlimited footage of events for which rivals own the exclusive broadcasting rights, however.

He said that the right only exists for events of high interest to the public; the clips are only to be used in news programmes; and they should not last longer than 90 seconds. Finally, the broadcaster must credit the owner of the rights, to ensure that they receive publicity.

The opinion is not binding on the Court, which is expected to issue its ruling later this year.


more from across site and SHARED ros bottom lb

More from across our site

Charles Harding plans to build a new team around life sciences oppositions and contentious work, drawing on his three decades developing a practice from scratch at D Young & Co
The firm reveals how its litigation strategies informed the arguments that took Masimo’s judgment past $818 million
The firm was rebuilding its IP practice through a string of patent hires and a Texas expansion, but its dissolution has put the newly built talent back into the market
AI can exploit longstanding gaps in copyright protection at remarkable speed, but EU law still provides tools to fight back, says Simon Hembt at Bird & Bird
The firm has tapped a local patent trio to establish a foothold in the market and broaden its national presence
New Asia-Pacific IP head Jonathan Chu is eyeing opportunities arising from Chinese technology licensing, overseas enforcement and increasingly IP-heavy cross-border deals
Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Gift this article