Copyright still unclear after Optus ruling
02 May 2012
|
Peter Leung, Hong Kong
The Optus decision in Australia was unfortunately narrow, leaving many questions unanswered. Are the courts signalling that legislation is needed?
Last week the Full Federal Court found that Optus's TV Now service, which recorded live television to Optus-controlled servers at a subscriber's request, infringed upon the rights of the Australian Football League and National Rugby League.
Who did it?
The case revolved around the question of who made the copies of the broadcast. If the subscriber made the copies for his or her individual use, then the copying would fall within the Section 111 exception allowing private users to make recordings to watch at a more convenient time.
The court found that rather than giving a tool to users to record programmes on their own, Optus made the copies, providing a service by recording...
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