JumpTV’s proposed service violates copyright guidelines, say broadcasters

Canada’s broadcast community says it’s too early to launch pre-emptive litigation against upstart JumpTV.com since it hasn’t yet begun re-transmitting over-the-air TV signals (CCR, Sept. 14/00). How the service might launch in Canada could depend on how the Copyright Board responds to the company’s application for a new tariff that would allow it to retransmit local TV signals over the Internet. Peter Grant, the lawyer representing broadcasters in the high-profile iCraveTV case (CCR, Dec. 22/99), says any decision on such a tariff may be moot since JumpTV wants to frame the broadcast picture with banner ads, something he says violates broadcasters’ rights. "Does JumpTV have solid legal standing? The answer is no," says the McCarthy Tétrault lawyer. "The first issue is that this fellow is not operating yet. He’s simply gone to the board asking for a tariff. The board has sent out requests for responses to copyright collectives and rights owners." Grant says rights holders have until Sept. 29 to respond to JumpTV’s proposal, though that deadline could be extended to mid-October. Several groups, including the Canadian Cable Tele-vision Association, are expected to file written responses to JumpTV’s tariff request. Grant and others contend that altering a broadcast’s appearance with concurrently displayed ads isn’t allowed under the copyright guidelines. JumpTV president Farrel Miller disagrees. "There’s nothing in Canadian federal law to prevent that," he told affiliate publication Canadian NEW MEDIA. Miller says the current application is aimed at the Canadian market, although JumpTV’s focus is global. If the board decides against setting an Internet-specific rate, he says JumpTV will continue with plans to launch its Internet TV portal globally. Miller wouldn’t be specific about whether he would proceed with plans in Canada if the tariff isn’t forthcoming, saying he and his lawyers decided approaching the board before making any other moves was the most prudent course of action. He adds that he hasn’t yet approached the broadcasters to sound out their views on the issue.

JumpTV’s proposed service violates copyright guidelines, say broadcasters

Broadcast | September 28, 2000

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