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ARTICLE · 27 AUGUST 2015

Live-Streaming Apps and Sporting Events – Copyright Law Concerns

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The right to televise sporting events is one of the most valuable commodities in the broadcasting sector.

GermanyIntellectual Property

The right to televise sporting events is one of the most valuable commodities in the broadcasting sector. When reports surfaced that live-streaming apps, such as Periscope and Meerkat, had been used to transmit live streams of the "fight of the century" between Floyd Mayweather Jr and Manny Pacquiao on 2 May 2015, they raised the issue of the copyright implications of these kinds of applications.

The legality of web streaming is still considered a grey area because, although the stream creates a copy of a file on a person's computer, that copy is temporary and is stored exclusively to allow uninterrupted playing of that file. In a 2014 decision, the Court of Justice of the European Union (C-360/13) ruled that, in the course of viewing a website, all copies made on an end-user's computer screen and in the cache of that computer's hard disk "satisfy the conditions [of Art. 5 of the Copyright Directive (2001/29/EC)] that those copies must be temporary, that they must be

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