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Useful Information - International Internet/Mobile News Access Rules

Updated 16 March 2006

These News Access Rules have been designed to encourage the broad distribution of news reports of the Commonwealth Games in Australia on the internet, whilst protecting the legitimate interests of Rights-holders.
 
These News Access Rules only apply to broadcasting over the internet or any other Electronic Medium as defined in paragraph 1, and do not apply to:
 
(a) the broadcast of Commonwealth Games Events via any other media, including, without limitation, television or radio;
 
(b) the broadcast of Commonwealth Games Events to the extent that those events are subject of a determination under the Act that broadcasting authorisation is not needed, as set out in Appendix A.
 
Rules

1. Games Material must not be transmitted or communicated over the Internet or any other electronic medium. Electronic medium includes, without limitation, any online service, broadband cable network, WAP service, Web-TV service and other interactive media content distribution service including so called mobile telephony services (SMS/3G etc) and any other multi-media service whether now known or hereafter invented, except to the extent set out in paragraphs 2, 3 & 4 below.
 
2. Still photography from Commonwealth Games Events may be displayed on news-based internet sites provided that such still images:
 
(a) may not be refreshed at a frequency exceeding one image per one minute;
 
(b) must not be used in a manner that simulates or attempts to simulate sequential coverage; and
 
(c) may not be featured in conjunction with any audio or text-based commentary
 
3. Paragraph 2 will not prevent accredited photographers:
 
(a) who use web-based distribution to syndicate/sell their photographs; or
 
(b) transmitting photographs solely for subsequent publishing in newspapers, magazines, or similar periodical.
 
4. Still photography from Commonwealth Games Events may be transmitted or communicated using so-called mobile news services provided that such still images:

(a) may not be refreshed at a frequency exceeding one image per one minute;
 
(b) must not be used in a manner that simulates or attempts to simulate sequential coverage; and
 
(c) may not be featured in conjunction with any audio or text-based commentary

 
5. Non Rights-holders must ensure that:
 
(a) no advertising, promotion, publicity or other message appears at the same time as Games Material and/or at the same time as any other coverage of the Commonwealth Games which contains any ACGA indicia or images, CGF indicia or images or Commonwealth Games related indicia or images;
 
(b) no advertising or other message is placed before, during or after the broadcast of Games Material in such a manner as to suggest sponsorship, approval or affiliation between a third party, or third party’s product or service, and Games Material or the Commonwealth Games; and
 
(c) they do not use any Commonwealth Games related indicia and/or images in their broadcasts except to the extent that such use is permitted under the Act.
 
6. These News Access Rules shall come into effect from the date when a Commonwealth Games accreditation pass is required to obtain access into any of the Games Venues and shall continue until 29 March 2006 (inclusive). During their operation, the News Access Rules shall be monitored and enforced by M2006 management in consultation with the M2006 General Counsel.  The M2006 Board shall be the final authority with respect to the interpretation and implementation of these News Access Rules.  
 
7. These News Access Rules must be observed unless express prior written consent of M2006 has been obtained.
 
8. M2006 reserves the right to withdraw the accreditation of any person without notice, at the discretion of M2006, in order to enforce compliance with these News Access Rules or with M2006s accreditation and security procedures.
 
Broadcasting Restrictions Under the Act

9. In accordance with section 56KA of the Act, M2006 hereby authorises Non Rights-holders to broadcast Games Material over the internet or on Electronic Medium as set out in paragraph 1, solely in accordance with the requirements of these News Access Rules, as amended from time to time.
 
Definitions

“Act” means the Commonwealth Games Arrangements Act 2001.
 
“Commonwealth Games Athletes’ Village” means the area set aside for the board and lodging of the athletes, officials, trainers and other participants in the Commonwealth Games.
 
“Commonwealth Games” means the Melbourne 2006 Commonwealth Games.
 
“Commonwealth Games Event/s” means the events held as part of the Commonwealth Games, including, without limitation, all sporting competitions, the Opening, Closing and Medal Ceremonies, and all other activities occurring at Games Venues.  
 
“Games Material” means any sound and/or images of any Commonwealth Games Event, including without limitation, any photographs, any streamed material (whether live or delayed), live or near-live scoring, live or near-live text-based commentary or summary-service, live or near-live audio commentary or summary-service and/or any live or near-live computer generated animation, simulation or representations of or relating to the Commonwealth Games.
 
“Games Venues” includes all venues where Commonwealth Games Events are held, and includes without limitation, the Commonwealth Games Athletes’ Village, the Main Press Centre, competition venues, training venues, other venues at which medal presentations take place during the time that the medal presentations actually take place and venues which require a Games accreditation pass or a ticket to gain entry.
 
“M2006” means Melbourne 2006 Commonwealth Games Corporation, ABN 22 088 659 705.
 
“Non Rights-holder” means any person who has not been granted rights by M2006 to broadcast the Commonwealth Games over the internet or Electronic Medium as defined in paragraph 1, except in accordance with these Internet and Mobile News Access Rules.
 
“Rights Holder” means the corporation/s which has been granted the right by M2006 to broadcast the Commonwealth Games in Australia over the internet or Electronic Medium as defined in paragraph 1.
 
Appendix A

Determination under the Commonwealth Games Arrangements Act 2001 that Broadcasting Authorisation not needed – section 56KD
 
Melbourne 2006 Commonwealth Games Corporation (“the Corporation”) makes the following determination in accordance with section 56KD of the Commonwealth Games Arrangements Act 2001 (Vic) (“the Act”).
 
1. Queen’s Baton Relay

(a) Subject to the conditions below, the Corporation hereby determines that a broadcasting authorisation is not required in relation to the Queen’s Baton Relay.
 
(b) In the interests of public safety, persons covering the Queen’s Baton Relay in any form may not interfere with the Queen’s Baton Relay convoy and must not enter areas which have been cordoned off around the convoy.
 
(c) This determination does not apply to persons who do not comply with paragraph (b).
 
(d) This determination shall be in place from the beginning of the Queen’s Baton Relay (14 March 2005) until 7.00pm (or such other time as notified by the Corporation under section 56KD(2) of the Act) on the day of the Opening Ceremony of the Melbourne 2006 Commonwealth Games (15 March 2006).
 
(e) This determination does not confer on any person the right to broadcast the Queen’s Baton Relay. It is the responsibility of the broadcaster to obtain all clearances in respect of any recordings of the Queen’s Baton Relay and to otherwise comply with all laws, including without limitation, all copyright laws.
 
2. Cultural Program


(a) Subject to the conditions below, the Corporation hereby determines that a broadcasting authorisation is not required in relation to the cultural program associated with the Commonwealth Games (“Cultural Program”).
 
(b) This determination will not apply to the Cultural Program from 7.00pm until 12.00midnight on the day of the Opening Ceremony of the Melbourne 2006 Commonwealth Games (15 March 2006), or such other times on the day of the Opening Ceremony as notified by the Corporation under section 56KD(2) of the Act.
 
(c) This determination shall be in place for the duration of the Cultural Program.
 
(d) This determination does not confer on any person the right to broadcast the Cultural Program. It is the responsibility of the broadcaster to obtain all clearances in respect of any recordings of the Cultural Program and to otherwise comply with all laws, including without limitation, all copyright laws.
 
3. Live Sites

(a) Subject to the conditions below, the Corporation hereby determines that a broadcasting authorisation is not required in relation to live sites associated with the Commonwealth Games (“Live Sites”).
 
(b) This determination does not allow for the recording and/or broadcast of coverage of the Melbourne 2006 Commonwealth Games broadcast at the Live Sites, whether displayed on the super screens or otherwise.
 
(c) This determination shall be in place for the period during which the Live Sites are operating.
  
(d) This determination does not confer on any person the right to broadcast activities at Live Sites. It is the responsibility of the broadcaster to obtain all clearances in respect of any recordings made of activities at the Live Sites and to otherwise comply with all laws, including without limitation all copyright laws.
 
4. Additions or Variations to this Determination


Additions and/or variations to this determination may be made by the Corporation from time to time by notice in accordance with section 56KD(2) of the Act.

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