Optus wins landmark web broadcast rights

Optus has won a landmark court case, which shattered Telstra’s hold over internet sports broadcasting in Australia. The victory also posed an immediate threat to the Australian Football League’s recent broadcast rights details.

Justice Steven Rares of the Federal Court in Sydney had granted Optus with court protection from copyright claims by the AFL, Telstra and National Rugby League over its TV Now service.

Optus’ TV Now service allows customers to record and watch sports matches screened on free-to-air television and replay with delays as sort as two minutes on some devices. TV Now’s service is in direct competition with Telstra’s exclusive deal with the AFL and NRL to broadcast matches live over the internet.

 “I found that such a recording or film was made by the user to watch it at a time he or she considered to be more convenient than when the live broadcast occurred, even if only by minutes. I decided that Optus’s TV Now service did not infringe copyright in the broadcasts of the AFL and NRL games in the particular ways that the rightholders alleged," said Rare.

"However, some other issues may still need to be resolved. These include whether Optus infringes copyright because the technology used to make a recording in the format suitable for certain Apple devices creates and stores six temporary files of 10 seconds duration every minute, and then deletes the first 10-second file as the latest one is added one minute later.’’

Justice Rare’s decision was based on the time-shifting provisions in the Copyright Act, which allowed individuals to record and watch a show at a more convenient time. Rares found that when Optus customers “clicked” on record, they were programming a recording for their individual use, which meant Optus was not re-broadcasting copyrighted material to the public.

According to Optus spokeswoman Clare Gill who said the decision was “a win for Australians, for innovation and law.”

''Optus is very pleased with today's outcome. TV Now is a personal video recording device that allows Optus customers to record free-to-air television and replay it at a time more convenient to them. That is how the product was developed and we're pleased the court found that today,” said Gill.

Leave has already been granted for the parties to appeal the decision to a full bench of the Federal Court. Justice Rares notes that the case is not fully settled until the parties have resolved the issue of near-live streaming. The parties agreed to treat the issue separately and Optus must still convince the court that the service does not infringe on the AFL or NRL’s copyright.

For more information on Optus, visit their website or send them an e-mail.