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ARTICLE · 20 FEBRUARY 2012

Optus wins most recent round from AFL, NRL and Telstra

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Optus can offer "near-live" broadcasts of sporting events, without having to pay licence fees to the rights holders.

AustraliaIntellectual Property
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AFL, NRL and Telstra unable to stop unlicensed "near-live" viewing of matches

On 1 February 2012, the Federal Court of Australia confirmed that Optus is able to offer to users "near-live" broadcasts of sporting events, without having to pay licence fees to the rights holders, relying on the "time-shifting" exception in the Australian Copyright Act.

The Australian Football League (AFL) and National Rugby League (NRL) own the copyright of broadcasts made on free to air TV of their respective competition games. Telstra holds an exclusive licence from the AFL and NRL to utilise these free to air broadcasts of live and pre-recorded AFL and NRL games on the internet and mobile phones services. The AFL, NRL and Telstra claim that Optus breached their copyright by broadcasting a number of AFL and NRL games in September and October last year by offering a service that gives a user the ability to record free to air television programs, including AFL and NRL games, and play

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