This article is written by Siddhant Jain, About the “BROADCASTING OF SPORTING EVENTS AT COMMERCIAL PUBLIC PLACES”
Section 37 and 38 were substituted with a new section that provided for broadcasting reproduction rights and performer’s rights
Section 37 sets forth that Every broadcasting organization shall have a special right to be known as ‘‘broadcast reproduction right’’ in respect of its broadcasts. During the continuance of a broadcast reproduction right in relation to any broadcast, any person who, without the license of the owner of the right; re-broadcasts the broadcast, or causes the broadcast to be heard or seen by the public on payment of any charges; will amount to violation of section 37 of Copyright Act, 1957 along with infringement under Section 51 of the Copyright Act, 1957.
Broadcasting
As per Section 2 (dd) of the Copyright Act, 1957, the term broadcast means communication to the public through wired or by any means of wireless diffusion. It also includes a re-broadcast.
Since the broadcasting right is separate and distinct from the content itself, before broadcasting any work, the broadcasting authority must seek a license from the owners of the copyrighted material. According to Section 51 of the Copyright Act of 1957, broadcasting without the owner’s permission is considered infringement.
PUBLIC PERFORMANCE OF SPORTING EVENTS (IPL)
Any establishment including hotels, pubs, restaurants, etc. cannot screen matches without seeking the consent of Valuable Media Ltd (VML) which has the sole rights to screen IPL matches commercially in India. VML is the official distributor for IPL T-20 matches in India, and it is mandatory for any public establishment to screen such events only after seeking necessary licenses from them.
Public Screening ICC 2019 World Cup
The International Cricket Council has launched a web-based platform for anyone who is interested in publically screening the ICC Cricket World Cup for both commercial and non-commercial uses. It establishes requirements, license costs, and approvals for holding public screenings. The International Cricket Council has determined Any commercial or non-commercial event that allows viewers to watch the ICC Cricket World Cup 2019 matches at venues that don’t typically broadcast sporting events—like parks, beaches, army bases, embassies, and oil rigs—are categorized as a public screening event.
Consequences Of Not Getting The Licenses
The Park Hotel in Mumbai had to pay a hefty amount for illegally screening and promoting. IPL matches without obtaining permission from the copyright holders. Apart from the financial impact of a fine, restaurants risk bad publicity and lawsuits if they violate the provisions of the Copyright Act. Restaurants must exhibit matches only after seeking necessary licenses from the concerned authorities
Meet Siddhant Jain, a lawyer who thrives in the wild world of Business and Commercial Law—where boardrooms are battlefields, mergers are puzzles, and corporate jargon is his second language. Whether it’s navigating the maze of company law, tackling securities regulations, or guiding businesses through the stormy seas of bankruptcy and insolvency, Siddhant has done it all.
From crafting complex legal opinions on mergers to waving goodbye at company closures, Siddhant’s experience spans the corporate spectrum. When he’s not solving legal riddles, he’s busy sharing his insights through newsletters and publications, because why should only his clients benefit from all that knowledge?
If you’re looking for someone who can help you untangle the knots of business law (and maybe crack a joke while doing it), Siddhant’s your guy!
You can reach him out at siddhantjain2403@gmail.com