Live streaming is the process by which individuals can transmit content in real time: with rapid advancements in technology, a few simple clicks is all that is required for an individual to use the live feature on an app, to stream to an audience of hundreds of thousands from their TV, computer or smartphone.
A common misconception is that, provided that no money is made, streaming content belonging to third parties is legal and does not infringe on any copyright laws.
However, anyone streaming third party content without permission will face the prospect of a claim for copyright infringement and could also risk criminal liability for their actions.
Sky
Each year, telecommunications giant Sky spends substantial sums in order to obtain exclusive licences to broadcast, amongst other things, popular sporting events
Live Steam of Joshua v Klitschko
Recently, Sky hit a boxing fan Mr Craig Foster with a claim for £85,000, after Foster’s iPad was used to live stream the Joshua v Klitschko fight through Facebook Live.
For the non-boxing fans, the Joshua/Klitschko fight took place at Wembley Stadium on 29th April 2016 in front of 90,000 spectators. For those unable to purchase tickets to the fight (the writer included), the fight could be viewed live through Sky Sports Box Office, with a pay per view fee of just under £20. Such was the popularity of the fight that the following morning, boxing promotor Eddie Hearn claimed that it had broken the British Box Office record for pay per view.
However, over 4,000 people watched the match for free when Foster’s iPad was used to live stream the fight on Facebook Live. Sky was able to identify Foster from the watermark of his Sky account number which flashed up on screen during the fight. Not only did Sky cancel Foster’s Sky service, it also threatened to sue him for copyright infringement, with an estimated damages claim of £85,000.
Foster initially intended to defend the claim on the basis that he did not profit from the streaming.
However, Sky’s exclusive licence to broadcast the fight meant that Sky alone had the exclusive rights to broadcast it: Sky did not need to show that Foster had financially benefited from the streaming to show that its copyright had been infringed.
In streaming the fight without Sky’s permission, Foster infringed Sky’s copyright by communicating the recorded fight to the public, contrary to s.20 of the Copyright Designs and Patents Act 1988 (CDPA).
Foster has now acknowledged his wrongdoing, apologised to Sky and has agreed to pay £5,000.
Comment
Advancements in technology have made it easier for intellectual property rights to be infringed and for, on the surface at least, those infringements to be perpetrated anonymously.
To a certain extent, the law is playing catch up with those advancements. In this particular case , Sky was only able to claim that the copyright had been infringed because of a relatively recent change to section 20 CDPA.
However, that change to the law demonstrates that the law is evolving; so too are the techniques used by content owners to enforce their IPR, with streaming sites being closely monitored. Whilst Foster was identified through the watermark of his Sky account, there has been a marked increase in recent years of copyright owners applying to Court for Orders compelling, for example, the identification of the registrant of IP addresses used to download or share copyright protected content online.
Summary
The height of the current problem with piracy and its costs to broadcasters is demonstrated in that an estimated 400,000 people used Facebook Live to watch illegal live streams of the Joshua/Klitschko fight, with Sky losing an estimated £8million in pay per view sales.
Consequently, it is not surprising that Sky is prepared to expend time and expense in pursuing those who infringe its rights. Although the amount of the settlement (£5,000) is relatively nominal, with the publicity that Foster’s case has generated, no doubt Sky will hope that this will act as a deterrent to anyone else looking to illegally stream its programming in the future.
Sky’s next pay per view match will be the heavyweight unification bout between the man himself (Joshua) and Joseph Parker on 31st March. It will be interesting to see the steps that Sky have put/will put in place to tackle illegal streaming of what will be a must see fight.
How Nelsons Solicitors Can Help
To discuss this area of work, please contact Nelsons’ Intellectual Property team on 0800 024 1976 or email [email protected]