Telco giants do the techno-legal time warp, again

February 3, 2012

Telecommunications giant Optus managed to convince the Federal Court in Sydney this week that there’s a legal blindspot in relation to its download pay-per-view service.

Telstra – given its business relationship with The National Rugby League (NRL) and Australian Football League (NFL) – had tried to prevent Optus from recording and re-broadcasting matches screened on free-to-air television.

But Justice Steven Rares found Optus’s mobile television service didn’t breach the Copyright Act for a couple of reasons: Optus keeps separate recordings for each customer, and individual customers are responsible for requesting the recordings.

So what’s going on here?

To my mind, former rugby league coach Roy Masters – ever the shrewd observer – hit the nail on the head when he wrote the following for the Sydney Morning Herald yesterday:

“They framed the copyright laws to protect the average punter from being sued for taping a TV show, including a football match on his home recorder. Now, their legislation is being used by Optus to sell a service.”

Naturally, Telstra has concerns. The AFL’s A$1.25 billion five-year rights deal signed last season with Channel Seven, Foxtel and Telstra, included a A$153m payment by Telstra for the online broadcast rights to games. The NRL, likewise, expected a proportion of its next deal to come from internet rights.

[first published on The Conversation, 3 Feb, 2012]

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Copyright and fair dealing

May 20, 2008

What is the protocol about linking to content and using photographs in blogs about the media? I wonder because today I was asked to remove a photograph from a blog post on the grounds it was a breach of copyright.

The photograph was obtained by the newspaper from someone involved in the story; it wasn’t shot by a staff photographer. According an email in the correspondence chain between the publication and I, the owner of the image had vested copyright in the news organisation and I was in breach of this copyright by linking to the image in my blog. Read the rest of this entry »