Gillard examines sport broadcast case
- 08 February, 2012 13:30
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The federal government will consider whether there needs to be changes to copyright laws after being lobbied by Australia's sporting codes over broadcasting rights.
Prime Minister Julia Gillard has confirmed she has talked to the heads of the major sporting codes and ministers about the rights issue that emerged after a Federal Court case.
"We have said to them, and I am very happy to say publicly, we will urgently consider options here," Gillard said on Wednesday.
"I think we are all concerned about what this can mean for our great sporting codes and it was an unexpected development."
The Federal Court last week made a ruling that threatens exclusive rights deals worth multiple millions of dollars.
It determined Optus did not breach copyright law by broadcasting sports matches on free-to-air television - delayed by up to two minutes - through its TV Now mobile service.
Telstra has the exclusive online broadcast rights for both AFL and NRL.
Its latest online deal with the AFL for the 2012 to 2016 season cost the telco $153 million.
Gillard said the companies had a right to appeal the legal case, but the running of that appeal was up to them.
However, talks continue involving Gillard, Communications Minister Stephen Conroy, Sports Minister Mark Arbib and Attorney-General Nicola Roxon.
Senator Conroy said the government will seek its own legal advice as well as speak to the legal teams involved in the case and Optus.
"We will be going through a process to ensure that if any change needs to be made we would consider any adverse consequences," he said.
"But at this stage we are just getting the legal advice fully explained to us and we are happy to consider if a solution is available."
However digital technology was "marching on" and the number and sophistication of television-related devices was rapidly expanding.
Media analysts have said the ruling makes exclusive multimillion dollar rights deals worthless.
NRL chief David Gallop, who came to Canberra on Tuesday for meetings, said a simple change to the Copyright Act would close the loophole.
Opposition communications spokesman Malcolm Turnbull, who has been briefed on the issue by the sporting bodies, said any law changes needed to be very specific.
"We have got to be very careful that the amendments are not so broadly worded they have impacts on other activities," he told reporters in Canberra.
"What they need to do is focus ... on language that is very narrow and very specific to the particular issue at hand."
He said any "legislative patch" would also need to be reconsidered in the light of the findings of the media convergence review, which is due to report this year.
Asked if the government should wait for the legal process to run its course: "If I was in the government's position, I would get on with it."
The government on Wednesday appointed University of Technology Sydney Dean of Law, Professor Jill McKeough, to head a review into copyright in the digital environment.
"The inquiry will consider whether the exceptions in the federal Copyright Act are adequate and appropriate in the fast-paced digital environment," Attorney-General Nicola Roxon said in a statement.
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