This coursework was completed as part of my MSc in Sport Management, Politics and International Development at Loughborough University in 2022, for which I was awarded a Distinction.
Abstract
The unauthorised redistribution of live sports broadcasts through digital platforms and social media presents significant challenges for the protection of intellectual property rights and the commercial interests of sports broadcasters. This coursework critically examines the legal case of England and Wales Cricket Board (ECB) and Sky UK Ltd v Tixdaq Ltd and Fanatix Ltd (2016), which considered whether short, near-live clips of televised cricket matches shared through the Fanatix application constituted copyright infringement under UK law.
The analysis explores the defendants’ reliance on the fair dealing exception for reporting current events under the Copyright, Designs and Patents Act 1988, alongside arguments concerning the quantity of footage used, attribution to the copyright owner, and the mere conduit and hosting defences. Particular attention is given to the distinction between the duration of a clip and its qualitative significance, as well as the court’s assessment of whether the platform’s primary purpose was to inform audiences or facilitate the commercial sharing of sporting highlights.
The coursework examines how the High Court’s decision addressed the relationship between digital content-sharing, citizen journalism and the protection of investment in sports broadcasting. It argues that the case illustrates the limitations of relying on short clip duration or attribution alone to justify the use of copyrighted sports footage. The judgment reinforced the importance of considering the purpose and nature of the use, the significance of the material reproduced and its implications for the rights of broadcasters.
The coursework concludes that ECB v Tixdaq provides an important legal precedent for understanding the boundaries of fair dealing in sports media and the continuing tension between digital audience engagement and the commercial protection of sports broadcasting rights.
