government to launch digital copyright review

14 February 2012

In the wake of the recent Federal Court decision, Singtel Optus Pty Ltd v National Rugby League Investments Pty Ltd (No 2), the Federal government has announced a review of copyright law in the digital environment and particularly on the suitability of current exceptions in copyright legislation. Partner Andrew Nicholson reports.

Recent decision 

On 1 February 2012, Justice Steven Rares of the Federal Court found that the recording or watching of a television broadcast through Optus' TV Now service did not infringe copyright in the broadcast. The service enables its customers to record and watch free-to-air television, including sporting matches, on a smart phone or computer device. 

Justice Rares found that it was the user of the TV Now service who made the recording of the copyright works and the making of such a recording fell within the time-shifting exception to copyright infringement in section 111 of the Copyright Act 1986 (Cth).

Background 

The AFL and NRL own the copyright in broadcasts made on free to air television of games played between teams in their respective competitions. Telstra has an exclusive licence from the AFL and NRL to exploit free to air broadcasts of live and pre-recorded AFL and NRL games on the internet and mobile telephony. 

Optus began offering a new service called TV Now in July 2011 to its private customers and small to medium business customers. The service gives the user the ability to record free to air television programs, including AFL and NRL games, and play them back on any one of four compatible devices, PCs, Apple devices, Android devices and 3G devices. 

Telstra and the sports organisations claimed that Optus had breached its copyright in broadcasts of a number of AFL and NRL games made in September and October 2011. 

Leave to appeal to the Full Federal Court has already been granted.

ALRC Review 

Professor Jill McKeough, Dean of Law at the University of Technology, Sydney has been appointed as Commissioner in charge of an Australian Law Reform Commission (ALRC) review into the operation of copyright in the digital environment. 

Draft terms of reference will be released for consultation shortly. 

For more information about this or any IP related matter, please contact: 

Andrew Nicholson | Partner
Mullins Lawyers
t +61 7 3224 0261
f +61 7 3224 0333
anicholson@mullinslaw.com.au