The recent boom of streaming services in Australia and across the globe has created another potential method of piracy with increasing relevance – using a personal streaming subscription to display sport content in a licensed venue.
Piracy is a serious crime and generally occurs when a venue gains access to, or uses, a subscription television service without payment to the relevant subscription television provider.
Streaming services such as Kayo Sports (Kayo) require individual users to agree to their terms and conditions when signing up a personal account. These terms and conditions state that Kayo is licensed for personal use only, and users are not permitted to display the Kayo content for commercial purposes, which includes casting or streaming Kayo in any way to televisions, or accessing it via an App on the Smart TV, in a licensed venue.
Despite this, Kayo has recently identified multiple licensed premises where owners or licensees have used a private Kayo subscription for use in their commercial venue.
AHA Members are reminded that breach of the Kayo terms and conditions can lead to both civil and criminal action for offenders under the Copyright Act 1968 (Cth). Currently, offences for breaching copyright in Australia carry substantial penalties, including fines up to approximately $860,000 for corporations or $172,000 and up to 5 years imprisonment for individuals.
To avoid any potential legal issues, AHA Members should ensure they have the necessary commercial license to display sport content in their venue. Members can purchase a commercial subscription by contacting Foxtel Commercial for licensing options at Foxtel.business@foxtel.com.au or by calling 1300 306 460.