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Air Conflicts

3 replies [Last post]
SDA
User offline. Last seen 12 years 34 weeks ago. Offline
Joined: 14 Nov 2009

So... I'm punching a news show: the power goes out at a loca sporting event....
Our local helicopter is over the scene, but a producer sees ESPN covering the game, and has us route ESPN via our DSS provider into a source that is able to be put on air.. Luckily it was OUT OF SYNC so we couldin't technically put it on the air..
BUT...
Does anyone know if we're aloud to do this?  I'm no lawyer, but isn't there something about copyright??
Thanks for the input...
Happy Weekend!
-SDA

Mike Cumbo
User offline. Last seen 2 years 45 weeks ago. Offline
Joined: 18 Aug 2005

The event wouldn't have been the MLS playoff game in LA the other night, would it? Not a major event... no one would have known ...  

Bob Ennis
User offline. Last seen 4 years 36 weeks ago. Offline
Joined: 24 Aug 2005

As the disclaimer goes; "any reproduction or retransmission...without the expressed written consent..." is a violation of the law.  Of course, it's also illegal per the FCC to put an out-of-sync source or a source that exceeds H/V Blanking limits (although most newer switchers & master control units re-clock the signal) and this happens all the time.  But I hear about Producers and Directors doing this kind of stuff all the time.  The main reason that shows now have station ID bugs is because during the (1st) Gulf War, everybody was pirating CNN's feed - CNN started bugging their content to thawart this...local stations responded by putting in their own bugs on top of CNN's, and the rest is history. 
While I'm no lawyer, my understanding of Broadcast Law would say that yes, it's illegal.  Yes, your station could get in big trouble for doing this.  And the excuse "I was only following orders" wouldn't necessarily absolve YOU of any legal issues should ESPN decide to go after all those involved in stealing their copyrighted transmission.  Often, stations can get by using a "Courtesy Of" graphic, like they do when showing sports highlights.  But routing through a live program from somebody else without their permission?  I would offer that your Producer crossed the line with this one - maybe they figure that it's only illegal if they get caught.

Bob Ennis

SDA
User offline. Last seen 12 years 34 weeks ago. Offline
Joined: 14 Nov 2009

Bob,
Thanks for the response... That was my inclination as well, and STRONGLY objected to putting it on the air....
And, yes it was the MLS game in LA last week...
Thanks for the thoughts guys.
Best,
Scotty