“If we are to continue to grow the global appeal of chess for the benefit of all fans of the sport, we need to attract and retain further commercial sponsors. In order to do that we need to control how the World Chess Championship cycle is broadcast globally.”
Agon's copyright in the broadcast is of limited value if they do not have copyright in the actual chess moves. This is because the copyright in the broadcast does not prevent others from creating their own boards and transmitting the moves. According to para 96 - 98 Case C-403/08 FAPL v QC Leisure there is no copyright in sporting events:
"FAPL cannot claim copyright in Premier League matches themselves, as they cannot be classified as works. To be so classified, the subject-matter concerned would have to be original in the sense that it is the author's own intellectual creation (see, to this effect, Case C-5/08 Infopaq International  ECR I-6569, paragraph 37). However, sporting events cannot be regarded as intellectual creations classifiable as works within the meaning of the Copyright Directive. That applies in particular to football matches, which are subject to rules of the game, leaving no room for creative freedom for the purposes of copyright."
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