I once came directly from an Intellectual Property Hearing at the Patent Office in Newport and went to watch a Swansea City match. I had an aluminium flight case with the Hearing papers, 2 laptops, a mic & a set of smart phones. The stewards took one look at what was in there on the way in and told me that they "
owned the copyright to the game and you can't bring those in."
I showed them the Papers from the Hearing, drawing their attention to the details of the Case and explained exactly why they were talking complete nonsense. It's not the only time I've had that sort of discussion with people who don't have any idea as to what it is they're saying - or to whom...
If someone has the exclusivity to broadcast then anyone else doing the same regardless of where they sit I would say it's against the agreement and not allowed.
Nope. Completely unenforceable agreement.
The Broadcaster may well have an Exclusivity Agreement with the Competition Organiser. That contract arises between those two Parties only and the Doctrine for Privity of Contract means that it doesn't affect a 3rd Party.
If the Broadcaster was aggrieved then the usual Remedy would be for them to sue a 3rd Party for a Breach of Contract, who was obviously not a Party to that Contract.
A complete non-sequitur, if Filed. Frivolous & Vexatious are words I'd use.
Copyright persists in a work from its creation.
Broadcaster A would have a Right of Copy in the words of their Broadcast.
Broadcaster B would also have Copyright in the words of their particular Broadcast.
If Broadcaster B uses A's material within their Broadcast, then they are acting illegally. If they use their own material then there is no issue of IP Rights.
The 'exclusive' Rights to Broadcast from a Competition Organiser's Fixture may well have been Assigned [through a Contract] to Broadcaster A, but if Broadcaster B is not a Party to that Contract, or even aware of its existence, then there is nil hope of the Parties actually enforcing their own private Agreement against an interloper - the costs of potentially doing so would far outweigh the gain from so doing, even if there was any Merit to the Claim.
Any potential 'Breach' might lie with a Breach of Contract [irrelevant, as the interloper was not subject to the Agreement] but certainly not Copyright.
There would be a section within the Contract whereby Assurances are mutually offered, so as to offer security for the purported 'exclusivity' of the Agreement.
For the sums involved, it will absolutely never be enforced - ever.
Just because someone puts something into a Contract doesn't mean that it's legally enforceable - if you think that it does, then I've a bridge to sell you.
