Judge cuts €12k damages sought by Sky from 'Fr Ted' pub that showed four games
The owner of 'Fr Ted' pub, Vaughan's in Kilfenora, Co. Clare, has been warned by a judge that he could face jail if he shows any unauthorised Sky Sports matches on the pub TV in the future.
At Ennis Circuit Court today, Judge Gerald Keys issued the warning to licensee of Vaughan’s pub, Mark Vaughan after granting Sky UK Ltd a permanent injunction against Mr Vaughan screening any unauthorised Sky matches in the future at his pub.
The pub featured in a number of episodes in the 1990s Fr Ted sit-com that was shot across the Burren and north Clare.
Sky UK was also seeking damages of €12,396 over Mr Vaughan screening four Sky matches between January 14, 2017, and February 2018.
However, Judge Keys slashed the damages to just over €2,000 after questioning the fees charged by Sky to publicans for showing matches.
Judge Keys also sharply reduced the amount of damages after Mr Vaughan said that only two, three or four patrons were on the premises during the showing of the matches.
Mr Vaughan told the court:
The drinking trade in rural Ireland is finished. We’ve a small pub and the biggest aspect would be doing bus tours during the Summer and serving food.
Mr Vaughan stated that he works long hours in the pub and used an illegal device in order to keep an eye on matches in the pub that he had an interest in.
Counsel for Sky UK, Raymond Delahunt BL told the court that Sky had detected four separate breaches of Vaughan’s showing unauthorised Sky matches.
Mr Delahunt said that Mr Vaughan had previously agreed a court order in May 2018 that he would not show any unauthorised Sky matches in the future.
A private investigator employed by Sky was on the Vaughan premises where it was recorded that the pub TV broadcast Northampton v Castres on January 14, 2017; Spurs v Arsenal on April 30, 2017; Clare v Limerick hurlers on June 4, 2017, and Man Utd v Chelsea on February 25, 2018.
Mr Delahunt stated that Sky had calculated the damages to €35,364 but had reduced the damages to €12,396 which he said “is a significant saving to Mr Vaughan”.
However, Judge Keys said that the damages sought by Sky work out at €3,000 per match.
Judge Keys questioned the fees charged by Sky to publicans.
He said: “How are these charges made?
All I can hear are very negative views of Sky in relation to what they are charging public houses for the right to broadcast sport.
Mr Delahunt stated that the breaches cover a 12-month period and “in the strict sense, I hear what your lordship is saying that it seems to be quite a high figure”.
Mr Delahunt said that Sky UK can’t produce evidence that for seven days a week for two years there were breaches. He stated: “That would place a huge onus on my client.”
Mr Delahunt said the the monthly Sky fee to publicans in 2017 was €504 and increased to €529 for last year.
Judge Keys said that three of the breaches should incur a penalty of €504 each with the fourth incurring a breach of €529 resulting in a total of €2,041.
Ordering Mr Vaughan to pay over €2,041 for the four breaches, Judge Keys said: “The moral of the story is don’t infringe the copyright in future.”
Judge Keys warned Mr Vaughan because there will be now a permanent injunction in place, he risks being found in contempt of court if he is found showing unauthorised Sky Sports matches at his pub in the future.
Judge Keys stated that if the contempt is not purged, Mr Vaughan faces a risk of being sent to jail.
