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?

The World Wide - Where?

When I began my search on the legality of online streaming, I did what any self-respecting Internet user would do: I hit up Google.

Unfortunately for me, all the top results were articles and videos detailing how to circumvent the current ban in Australia. This was not particularly helpful.

Stepen Quin and Stephen Lamble wrote of the dangers of relying on Google in their book, ‘Online Newsgathering’. There is so much content on the Internet that much of it will not be picked up by search engines. Rather, I had to turn to the ‘hidden web’ to find material that will point me in the right direction.

AustLii is a portal that allows access to a variety of decisions of State and Federal Courts in Australia. Using a Boolean search (copyright OR “intellectual property” AND internet) I found several cases that will assist the development of our feature.

While there is no case law regarding video streaming, I am working on the assumption that the same principles apply to audio media online. Particularly helpful to my research is Cooper v Universal Music Australia, a 2006 decision of the Federal Court of Australia. It discussed the operation of copyright, licensing and intellectual property rights in the Internet Age. These explanations were very useful, and this case has also given me the names of lawyers in this area of practice who may be available for interviews.

This is a very underdeveloped research area, evidenced by my initial Google search. Our feature will be a real and substantial clarification of a very complex issue. However, research is going to be trickier than I originally thought.

Have you ever experienced problems with Google? How do you find content that search engines don't readily provide? Let me know below!

Pulling Together a Feature

At this stage of our project we’ve found several important angles to explore regarding the way online streaming will affect the broadcast industry if legal streaming alternatives became available and popular in Australia. We have divided up the story angles between our group members.

I will be examining the effect of services such as Netflix on children’s content, utilising case studies from the United States. I will also be examining the way local content has been affected using Canada as a case study. Live content seems to be a way to keep television on top at the moment and hence is another important angle to explore.

Sarah B will be looking at the legal implications of online streaming in regard to intellectual copyright and copyright. She will be interviewing people at the forefront of their fields to help explain the complexity of these ideas.

In some ways online streaming has been shown to help ratings on television. Eryk will be examining the catch-up effect. He will also be looking at ways that people are already streaming content in Australia, whether legal or illegal.

Tyson will be looking at the way the presentation of websites allow the effective dissemination of information to audiences. He will also be considering the appropriate publication and style for our website.

Jessica will be examining the impact on advertising. Television and online content work according to very different business models and advertising on each medium have very different levels of effectiveness.

We will be researching these in more detail and outlining our findings in the blog.