World Cup Watch Parties: Are Public Viewing Rights Required?

With the FIFA World Cup now in full swing, many businesses, restaurants and event organisers are hosting watch parties and live screenings. Our Partner, Wong Juen Vei, explores whether public viewing rights may be required and the legal considerations organisers should keep in mind.

Key Takeaways

• Free-to-watch does not always mean free-to-screen.
• Public and commercial screenings may involve additional rights or permissions.
• Charging admission fees, obtaining sponsorships or using the screening to attract customers may increase legal risks.
• Event organisers should consider whether any public viewing rights or licences are required before proceeding.

Watching the World Cup Is One Thing. Organising a Watch Party Is Another.

The World Cup is one of the few sporting events that can bring together families, friends, customers and entire communities. As the tournament progresses, restaurants, cafés, clubs, companies and event organisers are increasingly hosting watch parties and live screenings for football fans.

While gathering to watch a match may seem straightforward, organisers are often surprised to learn that different legal considerations can arise when a broadcast is shown in a public or commercial setting.

Does “Free-to-Watch” Mean “Free-to-Screen”?

A common misconception is that if a match is available on free television, anyone can show it publicly without restrictions.

However, the right to watch a broadcast and the right to publicly screen that broadcast are not always the same thing. Broadcast rights are often subject to specific terms, including where and how the content may be shown.

In simple terms, a person watching the match at home is very different from a business or event organiser using the match as part of a public event, commercial promotion or customer attraction strategy.

When Does a Screening Become a Commercial Event?

There is no single answer that applies to every situation. The legal risk usually depends on the facts surrounding the screening.

Some examples that may increase the risk include charging an entry fee, selling tickets or packages, promoting the event to the public, obtaining sponsorship, using the match to attract customers, screening the match at a business premises, or using official tournament names, logos or branding in advertisements.

The more the screening is connected to commercial gain, public attendance or promotional activity, the more important it becomes to consider whether permission or public viewing rights are required.

What About Restaurants, Cafés and Mamak Shops?

Many restaurants, cafés and mamak shops show live football matches to their customers. This is common in Malaysia, especially during major tournaments.

However, the fact that it is commonly done does not automatically mean that there are no legal considerations. A small television showing a match in the background may be viewed differently from a large-scale public screening promoted as a special event, especially where there are entry fees, sponsors, packages, special promotions or use of official tournament branding.

Business owners should therefore consider the nature and scale of the screening. The legal position may differ depending on whether the match is merely being shown incidentally at the premises, or whether the business is actively organising and promoting a watch party around the match.

The Real Question Is Not Whether People Can Watch the World Cup.

The real question is whether the organiser has the right to show the broadcast in the particular manner intended.

For example, a customer may be able to watch the match on television at home. That does not necessarily mean an organiser can charge people to attend a dinner event where the match is screened as part of the attraction. Similarly, a business should be cautious about using the screening as a marketing tool without first considering the rights involved.

This distinction is important because sports broadcasts involve multiple layers of rights, including broadcast rights, copyright, public performance or communication rights, and potentially trademark or branding rights.

Final Whistle

The World Cup brings people together, and watch parties can be a fantastic way for businesses, restaurants and organisations to engage with customers, employees and football fans.

However, organisers should bear in mind that the legal considerations surrounding public screenings may differ from simply watching a match at home. The fact that a match is available on television does not necessarily mean that it can be screened freely in every public or commercial setting.

Before organising a World Cup watch party, it is worth taking the time to understand whether any permissions, licences or public viewing rights may be required based on the nature and scale of the event.

If you are unsure whether your event requires additional permissions or rights, you should seek appropriate legal advice before proceeding.

Before the kick-off, make sure your legal position is onside. ⚽

Disclaimer

This article is provided for general information purposes only and does not constitute legal advice. The legal position may vary depending on the specific facts and circumstances of each case. Readers should seek independent legal advice before acting on any information contained in this article.