David's comment raises an interesting point. A
baseball game is, as David suggests, likely not a work
of authorship. The work entitled to protection is in
the "telecast" -- i.e., the game plus the associated
commentary, graphic images, etc. So long as an
internet gamecast doesn't use protected elements of
the telecast, but instead transmits only facts about
the underlying (unprotectible) game, MLB shouldn't
have a copyright claim. And by this reasoning, it
follows that MLB shouldn't be able to prevent, through
a copyright lawsuit, a local independent television
station from setting up a TV camera on one of the
roofs overlooking Wrigley field and broadcasting the
Cubs game with its own commentary.
- David Post <Postd[_at_]erols.com> wrote:
> At 08:35 PM 11/30/2003 Sunday -0500, you wrote:
> >Interesting article in Wired, at this link:
> >
>
>http://www.wired.com/news/games/0,2101,61119,00.html
> >
> >In my opinion, the following statement by MLB is
> just plain wrong:
> >
> >"'If someone is communicating information about a
> game in real time, on a
> >pitch-by-pitch basis, that's an exhibition of that
> game," said Bob Bowman,
> >the CEO of MLB Advanced Media. "There's no
> difference, in our eyes, between
> >exhibiting a game using text and graphics and doing
> it on radio or
> >television."
> >
> >"Using that argument, MLB says that it is entitled
> to a license fee, or that
> >some other accommodation needs to be reached
> regarding gamecasts. What it is
> >sure of is that anyone doing a gamecast needs to
> secure the rights to do so
> >from MLB."
> >
> >Any other opinions?
> >
> >Thanks,
>
> I agree (with the 'just plain wrong' part). The
> game's not a work of
> authorship -- see the NBA case that Terry Carroll
> referred to (though
> there's an earlier, and badly written/reasoned, 7th
> Cir. case somewhat to
> the contrary: Baltimore Orioles, Inc. v. Major
> League Baseball Players
> Association, 805 F.2d 663 (7th Cir. 1986)). So
> maybe Bowman is correct
> after all: there's no difference between exhibiting
> a game using text and
> exhibiting it on radio or TV; neither requires a
> license fee (absent some
> contractual restriction .
> David
>
> ************************************
> David G. Post
> Professor, Temple University Law School and Senior
> Fellow, The Tech Center,
> George Mason Univ. Law School
> http://www.temple.edu/lawschool/dpost/writings.html
>
> "The point of philosophy is to start with something
> so simple as not to
> seem worth stating, and to end with something so
> paradoxical that no one
> will believe it." Bertrand Russell
> ************************************
>
>
>
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Received on Wed Dec 03 2003 - 21:53:34 GMT