Please select your home edition
Edition
Zhik Yachting Range

America's Cup- Television NZ admits error over Youtube block in NZ

by Richard Gladwell on 6 Oct 2011
TVNZ claimed that Sail-World had infringed copyright on Youtube video - a view at variance with the rights owner . ..

Two weeks after the blocking of some Youtube video of the America's Cup World Series in to New Zealand, TVNZ's General Manager of Sport, Murray Needham has admitted that the Youtube coverage published by Sail-World.com did not breach copyright, and that claims made by him to that effect were incorrect.

During the final days of the ACWS Plymouth, full length video replays were blocked from being seen in New Zealand for a period of seven days. There was a major reaction from Kiwi sailing fans. TVNZ's Murray Needham, via another sailing website, claimed this was variously because of Sail-World.com's use of 'unauthorised footage' and 'copyright infringement'. Another TVNZ executive, Christine Wilton in a letter to the same website claimed the content was 'pirated'.

In a statement issued to Sail-World, Television New Zealand has now admitted that their reported comments were wrong.

'It has become clear that under the protocols of ACEA’s YouTube channel, material made available in this country via YouTube, complete with embed codes, is authorised for sharing', says Needham.

'TVNZ accepts that content embedded and shared in this way has not breached copyright.'

The admission from Needham came five days after a statement provided to Sail-World from ACEA's Chief Communications Officer, Stephanie Martin who confirmed that Sail-World.com had acted in accordance with Youtube's Terms and Conditions and had not breached copyright as claimed on a website by TVNZ’s Needham and Wilton.

'All of the America's Cup content on our YouTube channel that provides an embed code is shareable and we actively encourage people to share it', Stephanie Martin said in a prepared statement by ACEA.

'Sail-World did not violate copyright by embedding this content on their site nor by sharing this content with their users.

'Sail-World has been a long-time supporter of the America's Cup and a tremendous advocate of the sport of sailing worldwide.'

Coverage blocked after Day2
YouTube has been in existence just six years, it is a subsidiary of Google. Youtube is the world’s largest video portal having achieved its phenomenal growth by allowing people to load their own video onto the Youtube site, and Youtube in turn makes that content available for republishing by other websites, subject to its terms and conditions.

Such is the growth of YouTube it now has 14 billion videos viewed each year, and it is claimed that 48 hours of video are loaded every minute. It started doing live, free sporting broadcasts of cricket matches from India in March 2010, and has extended this to the 34th America's Cup with the establishment of youtube.com/americascup .

The blocking issue first emerged at the start of the America's Cup World Series in Plymouth, when the Youtube America’s Cup livestreaming was blocked to New Zealand viewers for the live coverage of the first two days of the fleet racing.

This same content embedded in Sail-World NZ stories was blocked to New Zealand viewers but was viewable via Sail-World.com through its USA, Canada, Asia, UK, Europe and Australia websites.

A full delayed commentary video of each day’s racing, along with an edited highlights package was later made available in all world regions on Youtube/Americascup .

Sail-World.com ran stories featuring the first two day's full commentary video - published several hours after the conclusion of racing on Youtube’s America’s Cup channel.

That situation was rectified after the first two days of racing, and live coverage was available via Youtube for all but the final day.

After the conclusion of the first rounds of the fleet racing and before the start of the match racing, the gate was dropped on the full delayed commentated coverage – stopping New Zealand fans from watching a full replay of the racing during daylight hours.

Blame-Storming starts
No explanations for the blocked content were immediately forthcoming, but all the fingers from offshore pointed TVNZ's way. The full story published in Sail-World at the time can be viewed by http://www.sail-world.com/NZ/Americas-Cup-organisers-block-Youtube-for-seven-days-for-Kiwi-fans/88469!clicking_here

After the World Series finished in Plymouth, the delayed coverage continued to be blocked on Youtube to New Zealand fans, for a period of seven days from each race day.

There was some email correspondence as to the reasons for the blocked Youtube coverage between Sail-World, Murray Needham at TVNZ and Kim Bernard Director of Media Sales at ACEA.

Over the course of the Plymouth round of the America’s Cup World Series, Sail-World published 70 stories, many of which contained Youtube/Americascup video – able to be viewed worldwide, but all full length commentaries were blocked without explanation, save for the Broadcast Rights contract signed between ACEA and TVNZ. Neither party would divulge the provisions of the contract.

On 21 September, three days after the end of the Plymouth series, when Sail-World was ready to publish again on this issue, both ACEA and TVNZ claimed confidentiality on the correspondence with Sail-World and neither took the opportunity offered to make a statement.

TVNZ's General Manager of Sport Murray Needham did however use another website, crew.org.nz to get message across, where he is quoted: 'ACEA initiated a temporary block on content coming into New Zealand once they became aware of a copyright infringement involving a local sailing web site who has been posting unauthorized footage on their site. Due to consistent infractions the only recourse ACEA had was to block the content to New Zealand'

Those claims made about copyright infringement and unauthorized footage are a complete nonsense when considered against the back drop of Youtube's Terms and Conditions governing use of their content. The Google owned site specifies the way their content can be republished (by used of a couple of lines of embedded code supplied with each video just for this purpose) and this is the method employed by Sail-World and other websites.

(Without going into a more complex explanation, use of the supplied embedded code gives Youtube complete control over the use of the video - nothing to do with the rights and wrongs of the use by a republishing website.)

If there is a breach of copyright, as claimed, then it is left to copyright holders to issue a takedown notice pursuant to the terms of the Digital Millennium Copyright Act. No takedown notice was issued to Sail-World at any stage, further indication that there was no copyright infringement by Sail-World.com

Piracy claim made by TVNZ
Other even more serious statements were published on the crew.org website including one attributed to a TVNZ staffer which said: 'Youtube was only blocked in this country as the material was being pirated by some other providers who were trying to get free content to boost their sites.'

Again the fact that the material was used in accordance with Youtube's terms and conditions was completely ignored. (Use of Youtube video doesn’t in fact boost a republisher’s site as the viewer traffic is redirected away from the initial website and back to the Youtube site - increasing Youtube viewership and it is the fourth most popular website in the world.

Following the refusal by ACEA and TVNZ to comment on the record, Sail-World then approached ACEA’s Stephanie Martin, reciting the comments from TVNZ, and asking for an explanation as to how the claimed breach of copyright had occurred.

She responded last Friday: 'All of the America's Cup content on our YouTube channel that provides an embed code is shareable and we actively encourage people to share it', she said in a prepared statement by ACEA.

'Sail-World did not violate copyright by embedding this content on their site nor by sharing this content with their users.

'Sail-World has been a long-time supporter of the America's Cup and a tremendous advocate of the sport of sailing worldwide.'

Sail-World's publisher then initiated a further discussion with TVNZ' s Murray Needham, asking him to reconcile his comments on crew.org.nz with the statement made by ACEA. Early Wednesday afternoon a statement was issued to Sail-World for publication in explanation of TVNZ's position and actions:

'Recently TVNZ expressed concerns over America’s Cup World Series content appearing online in this country. Since then it has become clear that under the protocols of ACEA’s YouTube channel, material made available in this country via YouTube, complete with embed codes, is authorised for sharing.

'TVNZ accepts that content embedded and shared in this way has not breached copyright.

'We’re pleased this matter has been cleared up for all involved. TVNZ totally supports ACEA’s desire to expose America’s Cup content to a global audience across multiple platforms while at the same time maintaining contractual obligations to their worldwide broadcast partners.'

Further questions put by Sail-World to ACEA regarding the blocking of Youtube video and retrospective blocking, are yet to be answered.

One of the full commentary videos blocked from New Zealand viewers for a seven day period



PredictWind.comHarken AUS HL Snatch Block 660x82Sail Port Stephens 2017 660x82

Related Articles

Rolex Sydney Hobart Yacht Race - Suck it up, sunshine!
The 72nd start of the iconic blue water classic had 300,000 spectators lining the foreshores of Sydney Harbour The 72nd start of the iconic blue water classic had 300,000 spectators lining the foreshores of Sydney Harbour, another two million watching on TV, and the constant buzz and whir of media helicopters overhead. 88 boats, from Australia, USA, UK, Germany, Sweden, Russia, Japan, Korea, China, oh and New Zealand, had lined up on three start lines.
Posted on 31 Dec 2016
Rolex Sydney Hobart Race - More merriment on the airwaves
Here are more examples of merriment on the airwaves between the boats and Hobart Race Control So on December 29, 2016, after the River Derwent had let just three boats home (Perpetual Loyal, Giacomo and Scallywag, all inside the old race record, she went to sleep for a lot of the day. This made it frustrating for the sailors, some of whom saw the lighter side. So after seeing some of those in Dark & Stormy, here are more examples of merriment on the airwaves between the boats and HRC
Posted on 29 Dec 2016
Sydney Hobart Race-Dark and stormy, well because it is Dark and Stormy
Proving that there is a lighter side to the frustrations that is a race to Hobart Well it is now dark and the rain 'storms' have passed, but proving that there is a lighter side to the frustrations that is a race to Hobart, the custom Murray 37, Dark & Stormy had a wonderful exchange on the radio. Quite possibly it was co-owner and Navigator Terry Courts on the VHF in the super-frank exchange with Hobart Race Control at around 1928hrs on 29/12/16.
Posted on 29 Dec 2016
Rolex Sydney Hobart Race - Wicked
ather and Son outfit, Wicked, are Matt and Mark Welsh from Melbourne. Matt is at home on the couch after knee surgery Father and Son outfit, Wicked, are Matt and Mark Welsh from Melbourne. Matt is at home on the couch after knee surgery, but Mark is out on the water, approaching Hobart. From on board he said, 'Amazing race. Barely any windward work. Just does not get better than this. Bit of gear damage cost us early, and we had to sail a little conservatively.'
Posted on 29 Dec 2016
Rolex Sydney Hobart Race - Accepting the Challenge
When you buy a boat like the late Lou Abrahma's Sydney 38, Challenge, you're almost obliged to keep taking her South When you buy a boat like the late Lou Abrahma's Sydney 38, Challenge, you're almost obliged to keep taking her South at Christmas time. Luckily this has not been a problem for Chris Mrakas and his new crew, which includes Bruce Reidy
Posted on 29 Dec 2016
Rolex Sydney Hobart Race – 67 out of 70
It's a pretty awesome score in anybody’s language. When it is the number of hours you spend under kite It's a pretty awesome score in anybody’s language. When it is the number of hours you spend under kite in the 72nd Rolex Sydney Hobart Yacht Race so far, then it is more than A+++. Anto Sweetapple from on board the Jones 40, Quetzalcoatl, reports in from at sea for us.
Posted on 29 Dec 2016
Rolex Sydney Hobart 2016 - The 60 Hour report card
60 hours into the 72nd Rolex Sydney Hobart race. 16 boats finished,five boats retired and 67 boats at sea. The state of play 60 hours into the 72nd running of the Rolex Sydney Hobart Yacht Race. At 0100hrs Australian Eastern Daylight Savings Time this morning, 16 boats had finished the 2016 race. Five boats had retired, and 67 boats were still on the water.
Posted on 28 Dec 2016
Rolex Sydney Hobart Race – the second step for CQS and 2017
It was a frustrating end to a frustrating race for the newest supermaxi in the 2016 Rolex Sydney to Hobart race It was a frustrating end to a frustrating race for the newest supermaxi to compete in the 2016 Rolex Sydney to Hobart race. It was just her second ever race, with her first, the White Island Race in New Zealand, producing a line honours win. While Ludde Ingvall’s radical new 98-footer CQS had a very slow passage across an almost windless Storm Bay and River Derwent.
Posted on 28 Dec 2016
Rolex Sydney Hobart Race – Derwent sleeping it off?
We spoke about how anyone with an interest in ensuring Perpetual Loyal got Line Honours, also a new record in the race In the article Right-turn-means-record-in-mortal-danger, we spoke about how anyone with an interest in ensuring Perpetual Loyal got Line Honours and also a new record in the race should go down and pour a rum into the River Derwent from Constitution Dock. Looks like they did. However, they may have poured the entire barrel in, because now the River is sleeping it off.
Posted on 27 Dec 2016
Rolex Sydney Hobart Race – Race record smashed
On Day Three (just) of the 72nd Rolex Sydney to Hobart Yacht Race Perpetual Loyal smashed the race record On Day Three (just) of the 72nd Rolex Sydney to Hobart Yacht Race, in the strongest downwind conditions in recent times, certainly as good as the 1999 iteration of the blue water classic, Anthony Bell’s supermaxi, Perpetual Loyal, the former Speedboat and then Rambler 100, smashed the race record for the famous 628-nautical mile event.
Posted on 27 Dec 2016