The Burden of Protecting Live Sports Telecasts: The Real Time Problem of Live Streaming and App-Based Technology
41 Pages Posted: 12 Feb 2016
Date Written: December 4, 2015
This article examines the burdens faced by sports leagues and organizations in protecting their rights to live sports broadcasts from online piracy of live streaming. Part I of this article introduces the recent rise of live streaming sports — both legal and illegal — and the unique problem sports face as compared to other types of content owners such as movie studios and record companies. Part II of this article discusses the copyrightability of sports telecasts and the rights afforded to owners of the copyright. Part III analyzes the various ways of protecting those rights. Specifically, this section will address three things: First, direct copyright infringement liability for live streaming; second, the potential liability for websites and manufacturers under secondary infringement theories; and third, the Digital Millennium Copyright Act (“DMCA”) takedown notices and safe harbor provisions. Finally, Part IV looks at potential solutions and how the problem of online piracy of live sports is being addressed.
Keywords: copyright, intellectual property, DMCA, sports, sports law, telecasts, online piracy, live streaming, live streaming, broadcast rights
Suggested Citation: Suggested Citation