Singtel Optus Pty Ltd v National Rugby League Investments Pty Ltd (No 2) [2012] FCA 34

Singtel Optus Pty Ltd v National Rugby League Investments Pty Ltd (No 2) [2012] FCA 34

The user of the Optus TV Now service, by initiating the recording, was solely responsible for making the copy for private and domestic use, and thus protected by s 111(1)-(2) of the Copyright Act 1968 (Cth), and the subsequent playback or streaming to the user was neither an infringement nor a communication to the public contrary to copyright. Optus, as service provider, did not infringe copyright by authorisation or otherwise by supplying the service.

Parties
First Applicant and Cross Respondent: Singtel Optus Pty Ltd (ACN 052 833 208); Second Applicant and Cross Respondent: Optus Mobile Pty Ltd (ACN 054 365 696); First Respondent and Cross Claimant: National Rugby League Investments Pty Limited (ACN 081 778 538); Second Respondent and Cross Claimant: Australian Rugby Football League Limited (ACN 003 107 293); Third Respondent and Cross Claimant: Australian Football League (ACN 004 155 211); Cross Claimant: Telstra Corporation Limited (ACN 051 775 556)
Jurisdiction
Australia
Judgment Date
01 February 2012
Procedural Posture
Application for Declaratory Relief and Cross Claims Regarding Copyright Infringement / Judgment on Determination of Agreed Separate Issues Before Directions for Final Orders
Outcome
Orders in favour of Optus; declaration of no infringement on these issues and costs to Optus.
Legal Topics
Copyright Infringement, Private Copying Exception, Time Shifting, Communication to the Public, Authorisation of Infringement
Intellectual Property Copyright Law Copyright Infringement Private Copying Exception Time Shifting Communication to the Public Authorisation of Infringement

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Parties

Singtel Optus Pty Ltd (ACN 052 833 208)

First Applicant and Cross Respondent

Optus Mobile Pty Ltd (ACN 054 365 696)

Second Applicant and Cross Respondent

National Rugby League Investments Pty Limited (ACN 081 778 538)

First Respondent and Cross Claimant

Australian Rugby Football League Limited (ACN 003 107 293)

Second Respondent and Cross Claimant

Australian Football League (ACN 004 155 211)

Third Respondent and Cross Claimant

Telstra Corporation Limited (ACN 051 775 556)

Cross Claimant

Procedural Posture

Application for Declaratory Relief and Cross Claims Regarding Copyright Infringement / Judgment on Determination of Agreed Separate Issues Before Directions for Final Orders

Legal Issues

  1. 1 Who made the recordings for purposes of copyright (user or service provider)
  2. 2 Whether the making of recordings using the TV Now service was protected by the time-shifting exception in s 111 of the Copyright Act 1968 (Cth)
  3. 3 Whether subsequent streaming/playback to users constituted communication to the public

Ratio Decidendi

The user of the Optus TV Now service, by initiating the recording, was solely responsible for making the copy for private and domestic use, and thus protected by s 111(1)-(2) of the Copyright Act 1968 (Cth), and the subsequent playback or streaming to the user was neither an infringement nor a communication to the public contrary to copyright. Optus, as service provider, did not infringe copyright by authorisation or otherwise by supplying the service.

Court Disposition

Orders in favour of Optus; declaration of no infringement on these issues and costs to Optus.

Orders

  • The parties to confer and prepare draft declarations and orders to give effect to the reasons.
  • The proceedings to be relisted for making of final orders and directions.