What the Optus web copyright victory means
In this analysis first published on The Conversation, RMIT’s Marita Shelly examines the implications of Telstra’s defeat over the online rights to the AFL broadcast deal
This week’s Federal Court ruling that Optus customers are able to view sporting matches minutes after they are streamed live without breaching copyright is a landmark decision that alters our understanding of copyright law, and has significant implications for the AFL’s broadcasting rights deal.
The ruling, by Justice Steven Rares in the Optus v Telstra, AFL and NRL copyright case, finds that computers (including tablets such as the iPad) and mobile devices such as iPhones and smartphones are now the modern equivalent of the video cassette recorder.
Individuals are now able to record free-to-air broadcasts onto their computer or mobile device and watch the broadcast moments after the original broadcast – which in many cases will be live – without breaching copyright.
I’ll happily be proven wrong here, but is this not what Foxtel have done with the FTAs for the last several years?
Lucio, they have carriage agreements with the FTA channels.
That said, this seems to be a reasonable way to bring existing technology to the masses.
This seems to put more pressure on anti-siphoning laws and content exclusivity to me.
Points to consider:
– Optus has been re-broadcasting ABC, SBS and other channels for almost 10 years – without paying a cent yet they have profited by selling more handsets, plans etc
– if this decision directly impacts on FTA channels then all sport will be available on pay-TV – good for Foxtel but not AU consumers
– our legislation is out-dated and does not adequately protect rights holders – this judgement will now allow commonsesne to prevail and get legislation changed
Ozang
Your points are incorrect at pretty much every turn.