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Espn Star Sports Vs. Global Broadcast News Ltd. and ors.

Court : Delhi

Subject : Intellectual Property RightsMedia and Communication

Acts : Copyright Act, 1957 - Sections 2, 13, 14, 18, 19, 30, 37, 37(3), 39, 39A, 51, 52, 52B, 53, 55, 58, 61, 61(1), 61(2), 64, 65 and 66; Copyright (Amendment) Act, 1994; Code of Civil Procedure (CPC) - Order 1, Rule 9; Constitution of India - Article 19(1)

Reported in : LC2008(3)257; 2008(38)PTC477(Del)

Article 19(1)(a) of the Constitution of India to report on all important current events and happenings and disseminate information. Cricket is an extremely popular and sought after sport in India, and accordingly dissemination of cricket news is … on the Textbook 'The Modern Law of Copyright and Designs (3rd edn. 2000)' by Laddie, Prescott and Vitoria. The court held that:the authors suggest that … ESS amounts to copyright then the defence of fair dealing is not available at all as referred in Section 52B of the Act. Fair dealing is available as a defence in the case of a broadcast reproduction right … as independent rights. This is also entirely in keeping with several radical technological advances in the field of telecommunications which could not have been contemplated