NFL Blackout Case Study

teams as a whole will have to answer is, “how do you market and sell something that is widely available for free?” To try to tackle this problem, the NFL implements “blackout” procedures if games are not sold out within seventy-two hours of game time for a seventy-five mile radius outside of certain stadiums in order to increase ticket sales at the games. A “blackout” blocks certain programs from being broadcasted in particular markets. The blackout rule has been at times criticized by fans and others. Some blame the teams poor performance, and others blame the fans. For example, some teams such as the Oakland Raiders had many games blacked-out in the 2009-2010 season. The NFL responded by showing blacked-out games on NFL.com on a delayed
The NFL’s blackout rule may actually decrease rather than increase the value of the broadcasts. Because the Copyright Act now extends to digital rights, the NFL has very strong copyright protections that cover Internet, satellite, television, and radio licensing of its
Internet streaming technology also allows people to watch games within the seventy-five mile blackout radius. People who use pirating technologies are likely infringing upon the NFL's exclusive rights to control public performances of their games. However, they may not be easily caught. Thus, the blackout rule should be reevaluated in light of new rights and technologies to ensure that the NFL, as the copyright holder, is able to reap the fruits of its work and continue producing high-quality games. The Copyright Act comes into questions when speaking about copyright and the NFL. The NFL’s live broadcast of football games consist of sounds, images, or both is fixed simultaneously with its transmission. A Copyright work is an original work, which can be defined as independently created work that has a degree of creativity and is fixed in a tangible medium of expression. Thus, under the Copyright Act, taping a football game constitutes fixing the players’