An "own goal" for UEFA?

Background: UEFA’S complaint

Following Scotland’s first world cup qualification in almost 30 years last week, the Scottish Football Supporters Association (SFSA) shared several short clips on X, showing jubilant fans celebrating in pubs with the match broadcast visible in the background. UEFA responded by ordering the posts to be taken down on the basis that they infringed UEFA’s rights under UK copyright law. The SFSA responded that the clips were short (around 40 seconds) and were not intended to stream the game to a global audience. UEFA has since apologised, admitting that videos were mistakenly flagged by content protection agencies, and have subsequently advised that they are taking steps to withdraw copyright notices so the content can be reinstated.

Andy Nolan, who leads Brodies’ Sports Law Group, was invited to speak to BBC News to discuss the intellectual property aspects the situation, and the steps fans should take to avoid receiving a red card from broadcasting rights holders.

The rules of the game: copyright, broadcasts, and infringement

UK copyright law, governed by the Copyright, Designs and Patents Act 1988 (CDPA), automatically protects certain works, including broadcasts and sound recordings. The copyright owner, usually the organisation that creates or transmits the broadcast, has exclusive rights to copy, display, or distribute the work publicly. While the BBC likely has a licence to legally use and redistribute UEFA’s broadcast footage, anyone else sharing clips without permission risks infringing copyright without appropriate licencing arrangements in place.

Crucially, copyright infringement may occur where someone copies any substantial part of a broadcast without a licence or legal exception. Whilst the SFSA argued that the clips may be too short to constitute copyright infringement, UK courts have ruled that even short clips (as little as eight seconds) showing key moments, such as goals or game highlights, may constitute a substantial part of a broadcast for the purposes of the CDPA’s infringement provisions.

Exceptions: fair dealing and reporting current events

Whilst a court may consider the offending posts to have infringed copyright, there are exceptions under the CDPA which may apply to similar situations. In particular, the exception of “fair dealing” for reporting current events allows the use of copyrighted material without permission where its use is for genuine news reporting and not for commercial or fan engagement purposes. However, this exception does not cover photographs and is rarely considered to apply to “citizen reporting” such as sharing events on social media. If the primary purpose of sharing is commercial or promotional, the exception is unlikely to apply.

The final score

As the copyright holder, UEFA is entitled to enforce its rights under the CDPA and pursue infringement claims. Their initial action aimed to protect their broadcast rights, but the subsequent apology suggests a recognition of the need for proportionality, especially when fan-shared clips are brief, non-commercial and their removal is unlikely to provide sufficient gain to UEFA. The SFSA maintains that their posts were short and not intended to undermine UEFA’s rights, highlighting the tension between copyright enforcement and fan expression.

Advice for celebrating fans

• Use your own footage: Videos filmed by you at the stadium, rather than direct broadcast footage, are less likely to infringe copyright as you are the original creator.
• Be mindful of key moments: Even short clips of goals or highlights can be considered substantial for the purposes of copyright infringement.
• Check platform policies: Social media platforms may act quickly on copyright complaints, so ensure all social media posts are compliant.

If you have any questions about the issues discussed in this article, please contact Andy Nolan or your usual Brodies contact.