against letting sports industry leaders rush them into changes to
copyright laws.
The heads of the NRL, the AFL and Tennis and Cricket Australia have
been urging more protection for broadcast rights after a court ruling
opened the way for third parties to transmit the matches without
paying.
The sports bosses are confident that they can get the government to
change the laws quickly.
But, as Simon Lauder reports, there are concerns that any changes may
not be good for consumers.
SIMON LAUDER: Telstra paid $153 million for the right to stream AFL
matches to mobile phones.
As it puts its broadcast rights up for sale, the NRL is hoping its
games will be worth a similar sum of cash.
But now the sports codes have to find a way to stop someone else
putting the matches on mobile devices for free.
The Prime Minister Julia Gillard says she's considering their request
to change the Copyright Act.
JULIA GILLARD: We're all concerned about what this can mean for our
great sporting codes and it was an unexpected development.
SIMON LAUDER: Kim Heitman from the internet users group Electronic
Frontiers Australia is not impressed with the way the major sporting
codes are handling the situation.
KIM HEITMAN: Well, there's two ways in a market economy that someone
who's an incumbent can survive. One is to compete and the other is to
get their mates into government to change the law.
SIMON LAUDER: The sports companies are set to appeal against the
Federal Court's ruling that it's perfectly legal for Optus customers
to record TV online and then play it back on their mobile device
minutes later.
But the head of the Coalition of Major Professional and Participation
Sports, Malcolm Speed, says commercial negotiations can't wait.
MALCOLM SPEED: That might end up in the High Court, it might take a
year or two years but what we have this year is a number of sports
seeking to sell their rights, so sports like NRL and cricket, Football
Federation Australia, they're all selling rights this year and what
they seek is some certainty.
SIMON LAUDER: Malcolm Speed led a delegation which included the chief
executives of the NRL, the AFL and Tennis and Cricket Australia.
Yesterday they met with the Federal Sports Minister, the
Communications Minister, the Attorney General and the Prime Minister.
The CEO of the NRL, David Gallop, says he's confident the Copyright
Act will be amended soon.
DAVID GALLOP: I would be hopeful we can get it done in a matter of weeks.
SIMON LAUDER: Optus hailed its court win last week as a victory for
consumer's rights.
The head of the AFL Andrew Demetriou says that's rubbish.
ANDREW DEMETRIOU: This is a furphy. This is a nonsense that Optus are
peddling, that says that this is a win for the consumer is complete
garbage.
SIMON LAUDER: Mr Demetriou told ABC radio in Melbourne last week's
Federal Court decision could put a lot of sports in jeopardy.
ANDREW DEMETRIOU: It is unacceptable for someone to come along like
Optus and then through their own technology copy off our free to air
broadcast as telecasts without making sure that they contribute to the
content providers which are the AFL.
SIMON LAUDER: No-one from Optus was available to speak to The World
Today but the company has provided a written statement. It says in
2006, the law was amended to allow for greater flexibility in the
recording and consumption of content. It says Optus will continue to
advocate and defend this right for its customers.
The Secretary of Electronic Frontiers Australia, Kim Heitman, says the
rush to change the law may shift rights from consumers to private
companies.
KIM HEITMAN: This is a recognised part of the Copyright Act, which
allows consumers to time-shift recordings, it's a very important fair
usage right and I'd be very disturbed if it was removed because it's
the same right which allows people to use their digital video
recorders on their TV sets.
SIMON LAUDER: The Director of campaigns at Choice, Christopher Zinn,
is urging the Federal Government to consult the public not just the
heavyweights of the sports world.
CHRISTOPHER ZINN: We would be concerned as to what are the unexpected
consequences of that.
SIMON LAUDER: The Communications Minister Stephen Conroy says it's not
a simple matter.
STEPHEN CONROY: We'll be going through a process to ensure that if any
change is to be made that we would consider any adverse consequences
but at this stage we are just getting the legal advice fully explained
to us and we're happy to consider if a solution is available.
MARK COLVIN: The Federal Communications Minister, Stephen Conroy,
ending Simon Lauder's report.
For more information in regards to these matters, please call our
office at 305 548 5020, option 1.
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