Broadcaster Setanta Sports is clamping down on pubs using its services without paying a commercial subscription after getting a judgment against one premises this week.
Like other such channels, Setanta requires that pubs, and any other businesses using its service for their customers’ entertainment have a commercial contract giving them the right to do this in the first place.
This week Clonmel Circuit Court awarded Setanta €6,746 for loss of royalties against the Arch Bar, Thurles, Co Tipperary, and an injunction restraining the pub from showing Setanta Sports exclusive content.
Setanta has 15 other such cases pending against pubs that have been screening sports events for which it has the broadcast rights without a commercial contract.
Premier League matches
The company monitors licensed premises throughout the Republic, a process that involves 120 pub visits a week, to ensure businesses using its services for commercial purposes are paying for it. The court heard the Arch Bar had shown English Premier League football matches.
Graham Byrne, Setanta's head of commercial business, told Judge Karen Fergus the games had been shown in 2013 and 2014. He confirmed the bar had no commercial contract and thus Setanta's copyright had been infringed.
He said the Setanta Sports pint-glass symbol, which identifies the broadcast as a legitimate feed, was not visible, indicating the programmes were being unlawfully broadcast.
Substantial correspondence
The court heard that the bar had received substantial correspondence from Setanta Sports, but had not engaged at any time with the broadcaster.
The judge granted Setanta Sports a judgment for €6,746, the order restraining the bar from showing its programmes and the cost of the proceedings. Commenting on the ruling, Mr Byrne said: “We welcome the ruling of the court and will continue to take action against premises who broadcast our content without holding a commercial agreement to do so.”
Arch Bar owner Pat Hayes was not in court. He told The Irish Times he is away and was not aware of the proceedings.
He said he pays broadcaster Sky €378 a month for its commercial service. He said Chorus had been supplying the building with a TV service but he had cancelled this. However, Chorus had not stopped its service, despite his request, he said.
