As some will know, I have been running The Red Devil for several years now but something happened a couple of years ago which very nearly brought it to an abrupt and senseless end.
Let me just ask you one question here… if you ran a website and you said that Liverpool were playing Arsenal this weekend and Everton were playing West Ham, do you think you would be breaking any laws?
It’s “common knowledge” right? You and your mates probably talk about these things in the pub or when you’re at work.
Anyone with an interest in football will at least know the next few fixtures of their own team. If you run a website dedicated to a particular team, it is difficult to do so without referring to the last match and, more specifically, the next match but as you’re talking to people who are also interested in the same team then by putting this information on your site, you’re not exactly telling them something they don’t already know are you?
However, you could well be breaking the law.
You see, the fixture lists are Copyright of the Premier League and the Football League and, in 2001, these bodies set up a company called Football DataCo with the express intention of providing data services for the UK professional football leagues, their member clubs and their various customers. These services would all be centred in the areas of data and particularly digital data content. [Italicised part quoted directly from the Football DataCo website].
However, somewhere along the line, Football DataCo became a little more than an archive of football related data and it became something of a sinister, money-making scam scheme.
Football DataCo Limited vigorously polices and protects the Leagues’ commercial rights, including the Leagues intellectual property rights in the Fixture Lists. On behalf of Football DataCo Limited, NetResult will be regularly monitoring web sites to ensure that the Leagues’ intellectual property rights are not infringed.
This is a quote from the standard email they send out to any website owner who is showing upcoming fixtures on their website.
This is the email I received a couple of years ago.
The legality of this stance has been challenged for several years now but a few weeks ago, a court case decided that the Fixture List is indeed covered by Copyright laws and they have every right to pursue anyone in breach of that copyright.
If you’re a masochist, you can read the court’s judgement here (but don’t come whining to me if you lose five years of your life because reading it sent you into a coma).
Now, unlike say, an artist who would be livid if you copied his/her work wholesale, Football DataCo do not actually mind if you copy their work, in fact, they are eager for you to do so, provided you have the appropriate licence.
The cost of such a licence? Well, it is all very complicated and it depends on exactly how much information you want to include on your site and what type of site you run but at a basic level:-
If you want to show the fixtures for ONE Premier League club, then that is currently £266 plus VAT per season.
If you want to show the fixtures for the entire Premier League then that is £4,244 plus VAT per season.
If you want to show the fixtures for ALL the English and Scottish Leagues it is £12,998 plus VAT per season.
Obviously, this put paid to a lot of Club fansites because initially, Football DataCo were rigid in their stance on the issue – just ONE fixture was a breach of copyright and unless you had the licence, you were breaking the law.
Perhaps the most famous case of the impact this can have on football fans who simply want to share their views of their favourite football club is this one. I strongly urge you to read that page in order to see for yourself how ridiculous the situation was/is. You can almost feel the anguish and utter disbelief coming from the website owner.
This is basically the same situation I found myself in with Football DataCo and it required several emails from me to their contact person before they finally agreed that I could show a maximum of ONE upcoming fixture which does at least demonstrate a relaxation of the rules to a more sensible level but that was a couple of years ago i.e. before the recent court case which gave them the legal right to perhaps go again after every website out there similar to this one.
Whilst I was browsing the Football DataCo site researching this article, I noticed a few areas that I did not see before which relate to betting companies (bookmakers) and their use of the fixture lists.
Copyrighting the fixture lists obviously made things difficult for bookmakers because in order to allow you to bet on a particular football match, they have to let you know which football matches are being played and when i.e. they have to reproduce the fixture list. Indeed, one of the defendants in the recent court case were betting company Stan James, the rest presumably just paid their licence fee.
I’m sure that they don’t like having to pay £13k per season to show the fixtures but if the law says that Football DataCo are entitled to request this sum then they have to pay it or cease accepting bets on football (probably the largest source of revenue for a betting company).
However, when it comes to extracting payment from betting companies, Football DataCo are particularly “adventurous”.
The costs for betting companies are:-
An upfront fee of £500 plus VAT.
It then mentions “three further payments during the season” but does not say how much these are for. And here’s why…
They are demanding that the bookmakers give them a “royalty” payment in the form of a percentage of between 5% and 9% of the bookies income from football bets (the percentage depends on the type of bet).
They refer to it as the “Operator Income” and their definition is:-
“Operator Income means the income receivable by the Licensee in respect of a Football Bet and calculated on the basis of ‘Gross Stakes minus Winnings’”
So, again, if I am reading this correctly then they want a percentage of the stake even if it is a winning bet (i.e. a bet where the bookie loses money).
The more I think about this, the more it just stinks, stinks, stinks. They have just about every individual or company with any connection to football by the balls and are exploiting the fact for every penny they can get – seemingly including taking a percentage of their profits. I wouldn’t say that it is like a Mafia protection racket because I’m a nice person but I could understand why some people might be reminded of that kind of unpleasant way of doing business.
Personally, I think that the recent court judgement should be challenged and if not on the Copyright issue then surely there is something to be looked at along the lines of a monopoly going on here and it is clearly not some kind of benign monopoly.
Looking at Wikipedia, the economic explanation of a monopoly is:-
“[A monopoly] exists when a specific individual or an enterprise has sufficient control over a particular product or service to determine significantly the terms on which other individuals shall have access to it.”
I think that that just about sums up the situation we’re seeing here and it isn’t pretty.
Personally, I think the judgement that the fixture list is Copyright is based on a pretty flimsy argument. (I am aware that I am not trained in lawyering at all!!!)
As we all know, the Premier League will consist of twenty teams next season. This is known by the very nature of the competition (although Football DataCo might try to copyright that knowledge). Three teams come up into the Premier League and three leave it.
We all know what the teams will be next season.
We all know that all teams have to play each other twice. Once at home and once away.
The person who compiles the fixture list has a pretty sophisticated method of doing it (it is ‘explained’ in the court judgement link above) but there are a few guidelines that he must try to work to as far as possible:-
i) No club shall have 3 consecutive home or away matches (i.e. no HHH or AAA);
ii) In any five consecutive matches no club shall have four home matches or four away matches (e.g. AAHAA) is not permissible;
iii) As far as possible, each club should have played an equal number of home and away matches at all times during the season;
iv) All clubs should have as near as possible an equal number of home and away matches for mid-week matches.
This reduces the permutations quite a bit but I do accept that the person who compiles the fixture lists has a fair bit to do from there and this can involve discussions with, amongst others, the police (if there is a safety concern over two teams in close proximity both playing at home, for example).
However, based on those parameters, I think that I could create a computer program which would churn out every possible permutation of fixtures. All I would need to do then is choose the one it churns out that best fits my needs.
It would be the product of my own effort and I would not have copied it from anyone.
As I would have generated EVERY possible permutation then it would be for the Premier League to prove that they didn’t actually copy MINE but I would never be so petty.
The fact that this is so easy to do makes a bit of a mockery of Football DataCo’s claim that the fixture list is their “intellectual copyright”, I would have thought.
If anyone out there with legal knowledge has any thoughts on this, I would be delighted to hear them.
If my suggestion sounds absurd then it is only because the whole thing is absurd and crazy problems sometimes need crazy solutions and my regular readers will know that I have plenty of crazy to offer so I’m just throwing that bit “out there” and perhaps someone with a bigger brain can transform it into a sensible argument.
And look how long this article is already! Damn and I had sooo much more to say on this subject. I really could go on for hours but I had best leave it there… for now.