HFBoards

Go Back   HFBoards > NHL Eastern Conference > Atlantic Division > Ottawa Senators
Mobile Hockey's Future Become a Sponsor Site Rules Support Forum vBookie Page 2
Notices

OT: Trying to get legal permission from CBC to broadcast NHL game

Reply
 
Thread Tools
Old
03-05-2013, 07:53 AM
  #1
sens4life
CLASSLESS
 
sens4life's Avatar
 
Join Date: May 2007
Location: Kanata
Posts: 1,539
vCash: 500
OT: Trying to get legal permission from CBC to broadcast NHL game

Good day,

I work for a volunteer organization that wants to broadcast an NHL game at a community center. The legal team has told us that we can't do it until we get permission from the CBC/NHL/Sens?? to broadcast the game.

We aren't charging or making money off the game.

Any thoughts on who to contact? CBC hasn't responded to our emails.

Should I try the Sens?

Anyone??

sens4life is offline   Reply With Quote
Old
03-05-2013, 07:57 AM
  #2
Buck Aki Berg
My pockets hurt
 
Buck Aki Berg's Avatar
 
Join Date: Sep 2008
Location: Ottawa, ON
Country: Canada
Posts: 13,906
vCash: 500
Are you broadcasting the game, or are you just showing it on a great big screen?

If it's the latter, I think you need a new legal team.

Buck Aki Berg is offline   Reply With Quote
Old
03-05-2013, 08:09 AM
  #3
OgieO
Registered User
 
OgieO's Avatar
 
Join Date: May 2006
Location: Halifax
Country: Canada
Posts: 3,106
vCash: 500
Not sure how to contact them but I'm sure a quick google search can yield an email or phone number. But I do know there are no issues as long as you are:

a) not charging admission
b) showing the game on a device similar to what you would see in a private home. Big screen TV's or projectors that you can purchase for a home are the rule of thumb.

OgieO is offline   Reply With Quote
Old
03-05-2013, 08:11 AM
  #4
BonkTastic
"Small Sample Size!"
 
BonkTastic's Avatar
 
Join Date: Nov 2010
Location: Jakarta, IDN
Country: Canada
Posts: 12,054
vCash: 500
If you are simply showing a game that is being broadcast on a network, it's fine.

If you want to re-broadcast an old game, you technically need expressed written consent... though if you aren't charging anything for it, doing so (asking for consent) would be the equivalent of asking a police officer if it's ok to jaywalk.



*edit*
I am not a lawyer


Last edited by BonkTastic: 03-05-2013 at 08:36 AM.
BonkTastic is offline   Reply With Quote
Old
03-05-2013, 08:34 AM
  #5
MiscBrah
Registered User
 
Join Date: Mar 2012
Posts: 1,186
vCash: 500
Quote:
Originally Posted by BonkTastic View Post
If you are simply showing a game that is being broadcast on a network, it's fine.

If you want to re-broadcast an old game, you technically need expressed written consent... though if you aren't charging anything for it, doing so (asking for consent) would be the equivalent of asking a police officer if it's ok to jaywalk.
I question your legal reasoning.

I also question the legal reasoning of the community centres legal team.

Who owns/manages the community centre? Is it a public or a private NFP? Either way I doubt it matters.

MiscBrah is offline   Reply With Quote
Old
03-05-2013, 08:37 AM
  #6
BonkTastic
"Small Sample Size!"
 
BonkTastic's Avatar
 
Join Date: Nov 2010
Location: Jakarta, IDN
Country: Canada
Posts: 12,054
vCash: 500
Quote:
Originally Posted by MiscBrah View Post
I question your legal reasoning.

I also question the legal reasoning of the community centres legal team.

Who owns/manages the community centre? Is it a public or a private NFP? Either way I doubt it matters.
You are wise to do so.

BonkTastic is offline   Reply With Quote
Old
03-05-2013, 08:44 AM
  #7
MiscBrah
Registered User
 
Join Date: Mar 2012
Posts: 1,186
vCash: 500
To the original poster you need to know what section of what act your lawyers think you would be violating by playing a public tv channel.

Section 31 of the Copyright Act

Retransmission of local and distant signals

(2) It is not an infringement of copyright for a retransmitter to communicate to the public by telecommunication any literary, dramatic, musical or artistic work if

(a) the communication is a retransmission of a local or distant signal;

(b) the retransmission is lawful under the Broadcasting Act;

(c) the signal is retransmitted simultaneously and without alteration, except as otherwise required or permitted by or under the laws of Canada;

(d) in the case of the retransmission of a distant signal, the retransmitter has paid any royalties, and complied with any terms and conditions, fixed under this Act; and

(e) the retransmitter complies with the applicable conditions, if any, referred to in paragraph (3)(b).


This is the closest thing I could find. I don't even think you are retransmitting the signal though... *shrug*

MiscBrah is offline   Reply With Quote
Old
03-05-2013, 09:08 AM
  #8
Morguee
That's Mind-boggling
 
Morguee's Avatar
 
Join Date: Jan 2010
Posts: 1,983
vCash: 500
To the OP walk into your local bar and ask how much they are paying the CBC to play their channel. You are not profiting or re-transmitting, you are televising an over the air signal, your legal team needs to be asked what law you are breaking.

Sorry, I'll leave your board now, GG tomorrow night.

Morguee is offline   Reply With Quote
Old
03-05-2013, 11:35 AM
  #9
BankStreetParade
Registered User
 
Join Date: Jan 2013
Posts: 915
vCash: 500
Quote:
Originally Posted by sens4life View Post
Good day,

I work for a volunteer organization that wants to broadcast an NHL game at a community center. The legal team has told us that we can't do it until we get permission from the CBC/NHL/Sens?? to broadcast the game.

We aren't charging or making money off the game.

Any thoughts on who to contact? CBC hasn't responded to our emails.

Should I try the Sens?

Anyone??
Are you sending your own cameras and tv crew to shoot/cover the game?

BankStreetParade is offline   Reply With Quote
Old
03-05-2013, 11:43 AM
  #10
Frodo
Registered User
 
Join Date: Nov 2008
Posts: 180
vCash: 500
Is your legal team volunteer too?

Cause I think you're getting what you pay for.

Frodo is offline   Reply With Quote
Old
03-05-2013, 12:25 PM
  #11
sens4life
CLASSLESS
 
sens4life's Avatar
 
Join Date: May 2007
Location: Kanata
Posts: 1,539
vCash: 500
Thanks everyone. Our legal team is volunteers, but all legal professionals (ie. lawyers).

They are seeking something (email/letter) from CBC allowing us to broadcast the game as they feel we don't have the rights to.

sens4life is offline   Reply With Quote
Old
03-05-2013, 12:58 PM
  #12
Ice-Tray
Registered User
 
Ice-Tray's Avatar
 
Join Date: Jan 2006
Location: Victoria
Country: Canada
Posts: 1,966
vCash: 500
We used to show the Canadian Olympic events all over our secondary school live (Vancouver 2010) and we didn't need any special permission to do so.

You don't need special permission to air a televised game. You've payed for the right through your taxes (CBC), or cable subscription (TSN).

Perhaps your legal team is looking to gain some legal experience through a fruitless inquiry?

Set it up and air the game!

Ice-Tray is offline   Reply With Quote
Old
03-05-2013, 01:03 PM
  #13
Flamingo
Registered User
 
Flamingo's Avatar
 
Join Date: Nov 2008
Location: Ottawa
Posts: 3,430
vCash: 500
Quote:
Originally Posted by sens4life View Post
Thanks everyone. Our legal team is volunteers, but all legal professionals (ie. lawyers).

They are seeking something (email/letter) from CBC allowing us to broadcast the game as they feel we don't have the rights to.
You're not broadcasting it. You're receiving it over cable, satellite, or OTA, and showing it on TVs at your community centre.

Flamingo is offline   Reply With Quote
Old
03-05-2013, 01:06 PM
  #14
LoneSteele
Registered User
 
LoneSteele's Avatar
 
Join Date: Mar 2011
Location: Edmonton, AB
Country: Canada
Posts: 68
vCash: 500
Quote:
Originally Posted by Flamingo View Post
You're not broadcasting it. You're receiving it over cable, satellite, or OTA, and showing it on TVs at your community centre.
I think this is it. When I read the threat title I assumed you would be re-broadcasting their broadcast online or something to that effect. Simply showing it on a projector or TV is almost certainly allowable.

Disclaimer - I am not a lawyer... But I did study sport law as part of my undergrad and do a in-depth policy review of the Copyright Act and Copyright policy.

LoneSteele is offline   Reply With Quote
Old
03-05-2013, 01:12 PM
  #15
Smash88
Registered User
 
Smash88's Avatar
 
Join Date: Mar 2012
Posts: 1,449
vCash: 50
They show CBC all day long at the Government offices at the Place du Portage complex including when the Olympics and such are on during the day...

You don't need consent to air a game..

Smash88 is offline   Reply With Quote
Old
03-05-2013, 01:28 PM
  #16
gmyx
Registered User
 
Join Date: Aug 2008
Location: Sensville
Country: Canada
Posts: 654
vCash: 500
Quote:
Originally Posted by Smash88 View Post
They show CBC all day long at the Government offices at the Place du Portage complex including when the Olympics and such are on during the day...

You don't need consent to air a game..
Where the heck is that TV? there used to be one in Phase 3 but is was taken down shortly after the last World cup. There were too many spectators. Heck, the mini museum that was at that spot is completely gone. Replaced with brick walls.

gmyx is offline   Reply With Quote
Old
03-05-2013, 01:31 PM
  #17
OD99
Registered User
 
Join Date: Oct 2012
Posts: 371
vCash: 500
Call your legal team and tell them that you found the answer - they don't know what they are talking about and you can watch whatever you like with as many people as you like on your TV or projector.

Seriously, call them now and tell them to stop being lawyers for a minute...especially if they are volunteer and not getting paid in 15 minute increments

OD99 is offline   Reply With Quote
Old
03-05-2013, 01:34 PM
  #18
Spire2000
Registered User
 
Spire2000's Avatar
 
Join Date: Jan 2008
Location: Ottawa, Canada
Posts: 204
vCash: 500
I think the OP's confusion is over his use of the word "broadcast". Broadcasting a game suggests you are filming it and sending it over the air (or other manner these days). You cannot do that. You are "exhibiting" the game. Bring that to your legal team and see what they say.

FYI, the reason UFC and WWE PPVs can't be legally exhibited in bars and such is because they are user pay. CBC is free over the air.

Spire2000 is offline   Reply With Quote
Old
03-05-2013, 02:04 PM
  #19
Tundraman
GoneCountry
 
Tundraman's Avatar
 
Join Date: Feb 2010
Location: North
Posts: 5,468
vCash: 500
Like most of you I'm no lawyer so I can't and wouldn't give specific legal advise on rights infringements. You are wise to seek permission if you have doubts.

There are multiple parties involved each having possible claims. The NHL retains rights, the broadcaster (ie... CBC), the signal carrier (ie... Rogers, Bell... unless it's OTA) may have claims, the commercial creators, the announcers and commentators may retain rights, jingle writers, performers etc..... I'm not sure if the broadcaster can sign off on their own. Dealing with these possible separate rights would be very convoluted and some may have yet to be tested. Maybe the NHL has supreme overall control over the entire production and they can make that decision but I wonder about any add-on commercials and material that are inserted by the carriers.

One would think that non commercial use would be largely ignored by these large corporations. That doesn't mean the individual artists, writers and content producers will.

Who would have thought that a mechanic listening to the radio while working in an Ottawa garage would be told to turn off his radio or pay royalties to the writers and song artists because passersby could hear the music. It happened! If bars are "allowed" public showings it's only because the rights holders have their own self serving reasons for ignoring it for now.

Tundraman is offline   Reply With Quote
Old
03-05-2013, 02:04 PM
  #20
BK201
Registered User
 
BK201's Avatar
 
Join Date: Apr 2011
Posts: 7,019
vCash: 500
Dude CBC is publicly funded you can literally pick it up anywhere for free from using the bunny ears it is fine if it is CBC.

BK201 is offline   Reply With Quote
Old
03-05-2013, 02:10 PM
  #21
Frodo
Registered User
 
Join Date: Nov 2008
Posts: 180
vCash: 500
Quote:
Originally Posted by sens4life View Post
Thanks everyone. Our legal team is volunteers, but all legal professionals (ie. lawyers).

They are seeking something (email/letter) from CBC allowing us to broadcast the game as they feel we don't have the rights to.
You're not going to get a letter from CBC because they won't give you permission to do something when they don't know exactly what it is you're doing.

Plus, they must literally get hundreds of letters a day. If they are going to respond to you, it will likely take more than a month to do so.

Frodo is offline   Reply With Quote
Old
03-05-2013, 02:17 PM
  #22
BK201
Registered User
 
BK201's Avatar
 
Join Date: Apr 2011
Posts: 7,019
vCash: 500
Here another way of looking at it. If you paid for cable in said community center would you have to get a letter ever time someone wanted to watch something?

CBC freely put its programming over airwaves we can all watch right now for free. It's not making sense.

It would only make sense if it was sportsnet or tsn and you are not paying for the cable or are taking your signal and distributing it to another location were someone else is getting it for free.

BK201 is offline   Reply With Quote
Old
03-05-2013, 02:20 PM
  #23
Indy on the Road
From the ground up
 
Indy on the Road's Avatar
 
Join Date: Feb 2007
Country: Canada
Posts: 10,752
vCash: 500
I'm no lawyer but I think you can do whatever you want in this FREE country of ours. Go nuts OP, go nuts...

Indy on the Road is offline   Reply With Quote
Old
03-05-2013, 03:53 PM
  #24
arglebargle
Registered User
 
Join Date: Feb 2008
Posts: 2,471
vCash: 1225
Hopefully CBC is prompt with your letter. One time I invited my buddies over to watch HNIC and it took a whole week to get CBC's permission.

arglebargle is offline   Reply With Quote
Old
03-05-2013, 04:06 PM
  #25
Flamingo
Registered User
 
Flamingo's Avatar
 
Join Date: Nov 2008
Location: Ottawa
Posts: 3,430
vCash: 500
Quote:
Originally Posted by arglebargle View Post
Hopefully CBC is prompt with your letter. One time I invited my buddies over to watch HNIC and it took a whole week to get CBC's permission.
I'm pretty sure you don't have to do this if your buddies are all CBC shareholders. Same goes for the community centre.

Flamingo is offline   Reply With Quote
Reply

Forum Jump


Bookmarks

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 02:08 AM.

monitoring_string = "e4251c93e2ba248d29da988d93bf5144"
Contact Us - HFBoards - Archive - Privacy Statement - Terms of Use - Advertise - Top - AdChoices

vBulletin Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
HFBoards.com is a property of CraveOnline Media, LLC, an Evolve Media, LLC company. 2014 All Rights Reserved.