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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)

of cricket news is of great importance to the viewers who also have the fundamental right to receive the information. l. The use of footage for this purpose was therefore the respondents' right under the freedom of speech … 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