I own the radio broadcasting rights for a University's sports programs. Recently, a local television station was broadcasting a basketball game (with their own crew) and encountered technical difficulties. They aired my radio broadcast on the television for 6 minutes without my permission. They also aired their TV commercials over my radio commercials during this time. Do I have any legal recourse for compensation and did they violate any criminal or civil laws?
1 Answer from Attorneys
Re: Copyright Infringement
In my opinion, based on the facts presented, it appears that the TV broadcaster may have infringed your copyright of the game broadcast (federal law) and also misappropriated your signal (state law/common law claim). Do you post or announce a copyright notice during the game? Do you send the tapes off for registration after the game? In my opinion, you would also be able to claim further damges by the preemption of your commercials.
Thank you for your question. Please contact me if you have any other questions.
Todd D. Epp, Esq.
Admitted in Kansas in South Dakota
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