FAPL v BT & others [2017] EWHC 480 (Ch)

Document type
Court Decision

This is a unique s.97A of the CDPA 1988 blocking injunction case, aimed at tackling copyright-infringing, live streaming of Premier League matches. The successfully obtained order (largely agreed between the parties) obliges the defendant Internet Service Providers to block the IP addresses of streaming servers during Premier League matches. A list of those servers was provided at the time the order was given, and the order specifies that this list is to be updated by the claimants every week during the Premier League season. It is of note that the blockade is to be in effect only during the live transmissions.

In the rights balancing exercise, the Court found that the copyright of claimants outweighs any possible risks to the defendant ISPs' freedom to conduct a business and the users's freedom to impart or receive information. Also, as a prerequisite to the order, it was found that the operators of relevant streaming servers do communicate the protected works to the public, and are liable as joint tortfeasors and accessories.

Topic, claim, or defense
Other IP
Freedom of Expression
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Internet Access Provider (Including Mobile)
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of liability
Strict/Objective Liability
No Liability
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Court Order