With the evolution from relying on the printing press for news and current affairs, to the incorporation of television playing an equally important role in today’s society, the laws governing copyright and intellectual property have, in turn, also changed to include this form of communication.
With television came increased competition between the broadcast channels and clear justification for why it was necessary for this form of communication and entertainment to be incorporated into the legal system.
Issues involving broadcast, in particular the competition mentioned before, and the rights of the separate channels with regards to intellectual property and copyright have already come before the courts in Australia in the case of TCN Channel Nine Pty Ltd v Network Ten Pty Ltd. In this particular case there was a dispute over the rights to preserve the material broadcast by channel nine as copyrighted after it was subsequently aired on a programme entitled The Panel on channel ten. Hely J of the Full Court of the Federal Court stated that “visual images and accompanying sounds as they are broadcast, themselves satisfy the definition of “television broadcast�. (Copyright World, 2002). Nine’s defense was accepted by the Full Court and Hely J further commented that “rebroadcasting of any of the actual images and sounds [from a broadcast] is an infringement (of copyright laws)… whether or not the subject matter of the broadcast is characterized as a programme, a segment of a programme, an advertisement, a station break or a station logo, or as a substantial part of any of those things� (Copyright World, 2002). Furthermore, Finklestein J stated that “A television broadcast is defined by reference to the visual images that are broadcast� (Copyright World, 2002).
While television broadcast is incorporated into and protected by the Copyright Act 1968 (Cth), broadcasts before that time are exempt from the Act.
The Copyright Act 1968 (Cth) defines television broadcast at s10(1) as meaning “visual images broadcast by way of television, together with any sounds broadcast for reception along with those images�. The Copyright Act also defines the “broadcast� as meaning “transmit by wireless telegraphy to the public�.
If copyright is infringed, the courts will look at any loss incurred by the plaintiff through the defendant’s actions when determining damages. The courts also look at areas such as loss of profits as a result of the infringement and case of injury to the plaintiff’s reputation. The return of any infringing copies made of the plaintiff’s copyrighted work can also be ordered by the courts.
However, in cases where the defendant was not in the possession of the knowledge that they were infringing the copyright of the plaintiff, no damages will be awarded (this is outlined in s115(3) of the Act. (McKeough & Stewart, 1991; p166).
www.copyright.org.au Copyright Council
www.copyright.com.au Copyright Agency Limited
