The Globalisation of Intellectual Property

If you read anything online asking why Netflix isn’t in Australia, you will see the same answer repeated: they don’t have the appropriate ‘streaming rights.’

This begs the questions: what are ‘streaming rights’? who are they governed by? and, what happens if they are breached?

Streaming rights appear to be integral to how the online mediascape in Australia will change in the next few years, so this is definitely something which ought to be addressed in our feature.

To further my understanding of this area of law, I set up a meeting with Jeremy Kriewaldt, a partner of the law firm Atanaskovic Hartnell. His explanation was as follows:

JEREMY: Copyright and [intellectual property] law is really all about the same thing, that is protecting the form of a work...Licenses are sold by the producers of a film or TV show to distribute it. The film itself is the intellectual property of the actors, composers, editors, director, but they all signed away their rights to the producers. Licenses cover things from cinema viewings to videotape, or sorry – DVD formatting and release... so that's what these mythical 'streaming rights' are. Nothing special, just ordinary licensing agreements...

Problem with online distribution is that each country has its own copyright laws, and while these have been unified to an extent through the Berne Convention, it’s still a bit of a mess. To really get in there look at the [Copyright] Act and the Convention, that will show you how geographically divided it all is.

Jeremy was very helpful, and a very charming, well-spoken and charismatic man. Our feature website could definitely be more dynamic and engaging if we could include a video interview with him regarding copyright law. This would also make our feature more authoritative – hearing the explanation directly from an expert.

Do you think videos work well in online features? Would you watch it, or skip right on to the next page?