"The leagues talking utter nonsense"

The dispute between the Highland League and Buckie schoolboy David Smith has now escalated to a national level with articles in todays Daily Record, Sun and Scotsman newspapers.

16 year old David has been videoing Buckie Thistle matches for almost two years and then editing and putting the highlights onto YouTube for fans of Highland League football all over the worls free of charge.

At Saturdays away match against Deveronvale David was approached by Highland League secretary John Grant who threatened to fine the youngster an incredible £5,000.00 for what he described as "breach of copyright".

An article in the Scotsman today (Thursday 17th December 2009) says that "the leagues talking utter nonsense", the article by Margaret Smillie, a media lawyer says: -

"This is not a question of copyright.  The SFA does not own copyright on a football game.  Copyright only applies to something such as a book, film, play etc that has been created as an act of labour by an individual or group of individuals.

Men running around chasing a ball is not something that has been created.  The irony is that David Smith owns the copyright to his own piece of film;  he has put the effort into filming and editing it and when he puts it on YouTube he is tacitly allowing people to watch it and even dowload it on to their computer.  But if those individuals then attempted to sell it for commercial gain then he would be well within his rights to stop them as they would be breaching his copyright.

I have no doubt, however, that the SFA and Scottish Highland League will have exclusive filming rights within the grounds or at the games, but this is a different matter.  If they are saying that a young boy can't film a game and post a few scenes on to the internet then they are taking an exceptionally Draconian view and, if so, they are stating that no-one can take even a photograph within the grounds.

I think the stance that the secretary of the Highland League is taking is nonsense, given that they were not filming the games so there is no commercial loss to them and the club obviously supports him.

They are attempting to use a sledgehammer to crack a very small nut and I would not be surprised if they miss and smash their thumb.

This case may prompt people to take a closer look at what exclusive licences the Highland League and SFA may hold."

This issue has also made the "comment" page 30 of todays Scotsmanwhich reads as follows: -

"Highland League scores own goal over web reports

For two years, schoolboy David Smith has filmed footage of his beloved football club to post on YouTube for the enjoyment of the housebound and loyal fans offshore and abroad.  Now he has been threatened with a £5,000 fine if he does not desist.  And what is the mighty organisation that has picked up a sledgehammer to crack the peanut?  Step forward the Highland League, which is ferociously defending Buckie Thistle FC.  No matter that Buckie Thistle FC encounters are not filmed by anyone else and that the club are happy for the teenage fan to do so: like North Korean army manoeuvres or World Cup performances, they are not to be filmed.

The ten minute clips, complete with team credits, have earned a cult following on the internet.  But such is the ire of the Highland League, it has now threatened the schoolboy with a £5,000 fine for breach of copyright.

Where might it end?  Sequestration of assets for filming shinty?  Or an indefinite prison sentence for filming a Saturday afternoon encounter between two municipal bowling clubs?

Cruel proponents of the beautiful game might suggest that the prospect of watching Buckie Thistle FC on a regular basis would be punishment enough without fines from the Highland League.  But for the legions of fans this is their only chance to see their sporting heros.  This official should be shown a red card."