Actors and media union tries to join iiNet copyright case in support of movie studios

Australia’s actors’ union will seek to get involved in the copyright fight between internet service provide iiNet and a group of movie and television companies, claiming that illegal downloading of movies and music threatens the business model of the entertainment industry and the amount performers will be paid.

iiNet won its original legal battle against the Australian Federation Against Copyright Theft, which represents a number of big movie studios and television companies including Disney, Paramount Films, Universal and the Seven network. AFACT had tried to claim that iiNet had failed to act against customers who illegally downloaded copyrighted material.

Despite losing the first case, AFACT has appealed the decision of Federal Court Justice Dennis Cowdroy, which was handed down in February.

The case will return to court next Monday, at which stage the actors’ and media union – known as the Media Entertainment and Arts Alliance – will seek to be granted leave to become a “friend of the court”.

This will allow them to make a submission into the case and explain why they are supporting the big studios.

Simon Whipp, the national director of actor’s equity section of the MEAA, says his organisation is only trying to join the case at this stage because they thought AFACT would win.

“We had fairly solid advice that the likelihood was that the copyright owners would be successful,” he told SmartCompany.

“Therefore it was important from our perspective to show the court that it wasn’t just the major studios that had a stake in the decision.”

The MEAA’s argument is simple: If the studios are losing money through the illegal downloading of movies and music, then the amount they can afford to pay performers will fall.

“Performers benefit from there being a viable business for those that engage them,” Whipp says.

“Piracy is significantly impacting on the business model of producers.”

Whipp argues that it is not just the large studios that will lose out and says that in the Australian context, small independent producers are also being hurt by piracy.

“We are concerned about the business models that make all of these different parts of the industry work.”

Next week’s hearings are scheduled to run from Monday to Thursday, and Whipp says it is not clear exactly when the union’s application to become a “friend of the court” will he heard. The court could wait until final submissions in the case are being taken before addressing the MEAA’s application.

“We want to be allowed to make our submissions as to how the law impacts on performers particularly.”