Warning on use of YouTube links as Telstra wins case against News Ltd

Be careful about linking from your website to YouTube, because it could cost you money.

This is the lesson News Limited was forced to take on board after being forced to settle a case brought by Telstra.

Telstra and the AFL took action against News after hyperlinks to AFL video clips on YouTube appeared on News websites, including the AdelaideNow, Courier Mail, Daily Telegraph, Herald Sun and PerthNow in May and June 2008.

Telstra claimed the clips breached Telstra and the AFL’s copyright in online clips of AFL matches and jeopardised the league’s revenue.

“We contracted YouTube with ‘take down’ notices and they complied,” says Telstra spokesperson, Peter Habib. “But we contacted News and they didn’t comply, so we took action.”

The Federal Court today made final orders in a case brought by Telstra to enforce its exclusive right to broadcast AFL content on mobile phones and over the internet.

Following an agreement by the parties to settle the case, the Federal Court declared News’s conduct to be infringing on copyright and accepted an undertaking by News not to provide hyperlinks infringing AFL footage on YouTube or other similar websites.

“If third parties are allowed to undermine these agreements, it undermines the value of future media rights and jeopardises revenues that the AFL invests in the future of the game,” Justin Milne, group managing director, Telstra Media, said today in a statement.

“The Federal Court orders should serve as a warning to ensure that the exclusive new media rights that Telstra holds for premier Australian sports are respected,” Milne says.