From Meerkat to Periscope: Does Intellectual Property Law Prohibit the Live Streaming of Commercial Sporting Events

27 Pages Posted: 18 Sep 2015 Last revised: 29 Sep 2016

See all articles by Marc Edelman

Marc Edelman

City University of New York - Baruch College, Zicklin School of Business; Fordham University School of Law

Date Written: September 16, 2015

Abstract

This article discusses the potential impact of live streaming on the commercial sports industry and analyzes whether commercial sports enterprises have the legal power to stop live streaming of professional and collegiate sporting events. Part I of this article explores the history of live streaming commercial sporting events. Part II analyzes whether courts are likely to hold live streamers directly liable for their actions under federal copyright law. Part III discusses whether courts are likely to hold manufacturers of live streaming applications secondarily liable for copyright infringement. Part IV assesses the legality of live streaming under right of publicity law. Part V then analyzes the legality of live streaming under unfair competition doctrines. Finally, Part VI concludes that current federal and state laws adequately address all meaningful public policy concerns related to the live steaming of commercial sporting events.

Keywords: live streaming, livestreaming, Meerkat, Periscope, copyright, intellectual property, publicity rights, broadcast rights, law, sports law, sports

JEL Classification: O34, O38, K00, K11, K19, K23, K30, K40, K42, L20, L50, L82, L82, L99, M13, O30

Suggested Citation

Edelman, Marc, From Meerkat to Periscope: Does Intellectual Property Law Prohibit the Live Streaming of Commercial Sporting Events (September 16, 2015). Columbia Journal of Law & the Arts, Vol. 39, No. 4, 2016. Available at SSRN: https://ssrn.com/abstract=2661875

Marc Edelman (Contact Author)

City University of New York - Baruch College, Zicklin School of Business ( email )

One Bernard Baruch Way
Box B9-220
New York, NY 10010
United States

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
615
rank
41,564
Abstract Views
3,853
PlumX Metrics