In response to the Optus TV Now decision1, the Federal government announced yesterday that it has ordered a review of copyright law in the digital environment to be conducted by the Australian Law Reform Commission.
Optus' TV Now service allows users to record and watch free-to-air television, including sporting matches, on a smart phone or computer device.
On 1 February 2012, the Federal Court of Australia found that the recording or watching of a television broadcast through Optus' TV Now service did not infringe copyright in the broadcast. In the circumstance, Justice Rares found that it was the user of the TV Now service (and not Optus) who made the recording of the copyright works and the making of such a recording fell within the time-shifting exception to copyright infringement in section 111 of the Copyright Act 1986 (Cth).
Section 111 allows a person to make a film, or copy, or recording of a broadcast solely for private and domestic use by watching or listening to the material broadcast at a time more convenient than the time when the broadcast is made without infringing the copyright in the broadcast.
It is highly unlikely that the decision will be the final word on the issue. Reportedly, an appeal to the Full Court of the Federal Court of Australia is currently being prepared.
Footnotes
1Singtel Optus Pty Ltd v National Rugby League Investments Pty Ltd (No 2) [2012] FCA 34
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