The Australian Football League, National Rugby League and Telstra Corporation have succeeded in their appeal against Optus and its parent company, Singtel Optus, for breach of copyright in relation to Optus’ TV Now service.
The Full Court of the Federal Court, comprised of Finn, Emmett and Bennett JJ, overturned the decision of Rares J at first instance holding that for the purposes of the Copyright Act 1968 Optus was, or in the alternative both Optus and the subscriber were, the maker(s) of copies of televised AFL and NRL football broadcasts made using the TV Now service. The Full Court further held that Optus could
not rely on the “private and domestic use” exception in s 111 of the Act. King & Wood Mallesons acted for the AFL and Telstra in this matter.
A detailed alert on the decision can be found here.
