Optus v NRL: A Seismic Shift for Time Shifting in Australia

(2012) 35 European Intellectual Property Review 357-363

Posted: 20 Feb 2012 Last revised: 2 Oct 2017

See all articles by Rebecca Giblin

Rebecca Giblin

University of Melbourne - Law School

Date Written: February 1, 2012

Abstract

In Optus v NRL, Australia’s Federal Court recently held that consumers had broad rights to “time shift” television programs, including via the use of remote recording and storage devices. The applicants were the AFL and the NRL, sporting organisations which had big plans for the monetisation of internet streaming rights, and Telstra, which had already paid some $153m for rights to several seasons of AFL games. This paper provides a detailed overview of the decision and the relevant law, and considers its likely significance for stakeholders including broadcasters, sports operators and other content owners, streaming providers and consumers.

Keywords: time shifting, time-shifting, time shift, time-shift, timeshift, timeshifting, betamax, sony, cartoon network, optus, telstra, copyright, infringement, internet streaming rights

JEL Classification: O34

Suggested Citation

Giblin, Rebecca, Optus v NRL: A Seismic Shift for Time Shifting in Australia (February 1, 2012). (2012) 35 European Intellectual Property Review 357-363, Available at SSRN: https://ssrn.com/abstract=2007950

Rebecca Giblin (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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