Fighting Piracy in Real Time

Ever since Meerkat and Periscope popped up on the scene, live event producers and rights owners have worried about the potential for piracy from mobile live-streaming apps. In fact, Periscope more or less made its bones, with the public at least,  during the Floyd Mayweather/Manny Pacquaio title fight last year, when the Twitter-owned app led to so much re-broadcasting of the HBO and Showtime feeds of the bout that then-Twitter CEO Dick Costolo, rather indiscreetly, declared Periscope the real “winner” of the night.

Since then, the threat has only grown greater as live-streaming apps have proliferated.

iphone_TV“We saw a lot of new live-streaming apps at CES that are just around the corner,” Clint Cox, VP of technical operations at the Ultimate Fighting Championship said at the Copyright & Technology conference sponsored by GiantSteps Media and the Copyright Society in New York this week. “It’s fairly common technology and it’s becoming a unique challenge for rights owners. It’s a very easy place to put infringing content quickly.”

The problem is doubly complicated by the fact that not all unauthorized streaming of live events is clearly infringing from a copyright perspective, particularly when it comes to live sports. While a licensed broadcaster’s pictures, descriptions and accounts of a sporting event are clearly copyrighted, the game itself — the action on the field, court, ice or ring, as it unfolds in real-time — is not.

Someone sitting in the stands pointing a Periscope-enabled smartphone at the field, therefore, may be violating the venue’s terms and conditions printed on the back of the ticket, but they may not be infringing anyone’s copyright. Read More »

ESPN Gets Caught In Transition

Back in October, ESPN, along with Turner Sports, renewed its broadcast and digital rights deal with the National Basketball Association through 2025 for $2.3 billion, more than twice the price of the previous deal, even though the old deal still had two years to run.

With prices skyrocketing for sports rights and new 24-hour sports competitors from Fox and NBCUniversal circling hungrily for deals that would put them in the game, locking up the NBA for another decade — even at twice the price — seemed to pencil out at the time. It was the last such major deal ESPN would need to nba_espnnegotiate for several years, having recently locked up long-term deals with Major League Baseball, the NFL, the college football playoffs and four of five major college sports conferences, thus putting a cap on its major cost-driver until at least 2021.

”We believe at the end of the deal it will feel inexpensive,” ESPN president John Skipper said at the time. ”It’s hard to imagine.”

After this week, it’s even harder to imagine.

As with any asset, locking in a price when prices are rising is a good strategy. Locking in a price when returns are falling, not so much. And for ESPN, the return on pricey sports rights are starting to fall. Read More »