Tag Archives: Broadcasters Rights

Copyright

Madras HC: No Right to Demand Mandatory Sharing of Sports Broadcasts Over the Internet

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The Madras High Court, in its judgement in Adithya Modi v Union of India and Ors., has refused to mandate Prasar Bharati to stream sports broadcasts shared under the Sports Broadcasting Signals (Mandatory Sharing With Prasar Bharati) Act, 2007 (“Sports Broadcasts Act”) over the internet. Instead, the Court has ‘directed’ the respondents (Ministry of Information, Ministry of Sports and Prasar Bharati) to consider the matter and make appropriate policy recommendations. Background and the Saga of Sports Broadcasting in India The…


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Copyright

Broadcasting, Internet and Section 31D of the Copyright Act

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We’re pleased to bring to you an insightful guest post by Jagdish Sagar, an independent lawyer practicing largely in the field of copyright and entertainment law in Delhi, on the (in)applicability of the statutory licensing scheme under Section 31D of the Copyright Act to internet broadcasting. Mr. Sagar was formerly a partner at Anand and Anand till 2011. Prior to that he was a civil servant till 2004. During his service with the Central Government he served as the Joint…


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Part II: Union of India v. BCCI – ‘Doosra’ from the Supreme Court on Broadcast of Cricket Matches by Prasar Bharti

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In Part I, I had discussed the legal framework and the background in which the dispute between Prasar Bharti and the BCCI and Star India/ESPN arose. In Part II of this two-part past, I examine the recent decision of the Supreme Court. Interpreting S. 3, Sports Act, 2007 The appellants’ main argument was to urge the Supreme Court to take a purposive view of the law. As noted in Part I, the objective of the Prasar Bharti, under the Prasar…


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Part I: Union of India v. BCCI – ‘Doosra’ From The Supreme Court on Broadcast of Cricket Matches by Prasar Bharti

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On August 22, 2017, the Supreme Court brought to a conclusion a long-running dispute between Prasar Bharti, and the BCCI and its licensees on the issue of re-transmission of live feeds of cricket matches. In Part I of this two-part post, I discuss the legal framework that applies, and the background in which the dispute arose. In Part II, I examine the Supreme Court’s decision. India’s multi-billion dollar cricket industry thrives primarily on the advertisement revenue it rakes in from…


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Copyright

Delhi HC’s John Doe Order #IPL 2017 #Sony

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I write to update you regarding a recent Justice R.K. Gauba Delhi HC order concerning restriction of unauthorized broadcasting/transmission of the VIVO IPL 2017. The order can be found at: Sony Pictures vs Home Cable- IPL 2017. This is more of a detailed report, as opposed to an analytical piece. Sony Pictures Networks India sought two reliefs: i. An ex parte ad interim injunction restricting unauthorized relay of IPL 2017. ii. Appointment of Local Commissioners. Relief (i) The defendants in the…


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Copyright

TRAI’s Tariff-ic Order and Broadcasters’ Rights under the Copyright Act – Part II

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In the first part of this post, I analyzed TRAI’s power under Section 11 and concluded that it can regulate the pricing of TV channels under the Impugned Order. In this part of the post, I will try to resolve the apparent conflict between the Impugned Order and the copyright act (the Act). But, first things first: can delegated legislation be held invalid for being contrary to another statute? Delegated legislation vs. Statute Ideally, a delegated legislation will be rendered invalid…


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Copyright

TRAI’s Tariff-ic Order and Broadcasters’ Rights under the Copyright Act – Part I

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On 10th October 2016, the Telecom Regulatory Authority of India (TRAI) released a draft broadcasting tariff order (the Order) which is sought to be brought into effect by 1st April 2017. The Order Inter alia seeks to fix a ceiling on the maximum retail price (MRP) on TV channels. Star India Pvt. Ltd. (Star India) challenged the Order before the Madras High Court on grounds that it stands in conflict with the Copyright Act, 1957. On 23rd December, the Court…


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Copyright

A Strange Delhi High Court /judgment on DTH Broadcasting and Copyright Law

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In a news report published in the Mint yesterday, Priyanka Mittal and Harveen Ahluwalia reported on a mind-boggling decision of the Delhi High Court in a lawsuit filed by Gulf DTH FC LLC, a Dubai based company against Dish TV India. In short, a company from the UAE, which had exclusive broadcasting rights for certain channels in certain foreign territories sued Dish TV for selling its Set Top Boxes (STB) and subscription to thousands of consumers in these territories. Rather…


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Copyright

Delhi High Court takes ‘internet blocking’ jurisprudence back to the stone ages

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Just as the Bombay High Court was restoring some sense of sanity by streamlining ‘blocking’ orders demanded by copyright owners against online pirates, a Division Bench of the Delhi High Court has passed orders allowing for the blocking of entire websites rather than specific URLs. This order passed by the Division Bench of the Delhi High Court on July 29, 2016 is weak on law and appears to be grossly erroneous given the specific facts of this case. Let’s start…


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Copyright

Sports video clips and fair dealing: A premonition for India

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In this post, Balu Nair our Spicy IP Fellowship applicant analyses the recent decision in England And Wales Cricket Board Ltd & Anor v Tixdaq Ltd & Anor [2016] EWHC 575 (Ch) and discusses what the Indian position might be in a similar scenario. The recent decision by the England and Wales High Court (Chancery) Division, as reported in IPKat a few days ago, held that short video clips of 8 seconds’ duration, such as the ones created on ‘fanatix’…


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