The Impoverishment Of Live TV

Live programming, particularly live sports, is widely seen as the last major thread still holding together the pay-TV bundle. Apart from news, nearly all other types of programming are just as enjoyable viewed on demand or time-shifted, perhaps even more enjoyable given the prospect for commercial-avoidance.

Live events, however, especially sports, are more valuable and enjoyable when viewed in real time, providing an incentive for consumers to coachellacontinue to pay their cable or satellite bill, particularly so as more live sports programming moves off free broadcast channels to pay-TV channels.

Live sports are also increasingly available over-the-top, of course. But for the most part those streams are simply retransmissions of existing linear broadcasts targeted at fans who can’t watch the games on their native broadcast platforms either because the games are not available in the viewer’s home market or because the viewer doesn’t have access to a big screen TV at game time. Issues with Given the option, most people would still choose to watch most sporting events on their native broadcast platforms.

Recent developments in the world of live streaming hint at how that could start to change, however. Read More »

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 »