Sporslaw Jargon: Copyright Infringement

Sportslaw Jargon: Copyright Infringement

A copyright involves the right of an author to control the communication of an "original work of authorship, fixed in a tangible medium." This definition imposes three requirements: the work must be "original," an expression of an idea or thought, presented in a "fixed" medium. Examples of copyrighted worked are literary, musical, dramatic works, sound recordings, motion pictures, video broadcasts and computer programs. Copyright law in the United States is governed by the 1976 Copyright Act and the Digital Millennium Copyright Act of 1998.

A copyright holder (which may be the original author or a subsequent assignee) has legal protection to control the distribution of the work. The holder can license the work to others (usually for a fee) or limit its distribution.

Copyright infringement is the unauthorized use or copying of the work. Penalties for infringement can be financial and can result in a court order prohibiting distribution of the offensive materials or the destruction of those materials. In a few outrageous cases, criminal liability may occur. To prove infringement it must be show that the infringer had access to your copyrighted material, that the use was not authorized, and that the infringer's material is substantially similar to the copyrighted materials.

In the sports field, the biggest area of copyright is the protection of sports broadcasts. Many recall the disclaimer announced on broadcasts, which prohibit the unauthorized commercial use of these materials without the express permission of the team and television or radio station. Such an unauthorized use would be an infringement. Cases involving attempts to provide unauthorized telephone audio, video satellite and microwave broadcasts about events and games in progress have been met with appropriate relief by the courts.

A major exception is found for a "fair use." While the term is difficult to define, it generally may apply to a non-commercial copying (or taping) of the broadcast for private use.