Removing doubts over the exact time after which information contained in the first audio/video take during a one-day international becomes an information in the public domain for commercial use, the Delhi High Court has fixed a span of two minutes after which such data becomes stale news. It also ruled that fall of wickets or crucial momentary events will become stale news within seconds.
Hearing a case filed by Star India Private Ltd, which dragged OnMobile Global, Idea Cellular and Piyush Agarwal of cricbuzz.com to court over such updates, the court said while BCCI might have copyright claims over audio and visual recordings of a cricket match, it does not have any copyright over information pertaining to the match once it comes to the public domain.
‘In my opinion, after a period of two minutes of the first broadcast by the plaintiff, such information will become information in the public domain which is ordinary news for not being taken as part of the first broadcast. After two minutes, the content/information in the broadcast can be commercially exploited by any person,’ ruled justice Valmiki J Mehta while dismissing Star India’s petition. ‘I may hasten to clarify that qua momentary news like the fall of a wicket or a crucial momentary event become stale or ordinary news within seconds. I cannot and am not giving exclusive rights to the plaintiff for 72 hours merely because the plaintiff, as per its agreement with BCCI, has been granted such a right by the cricket board,’ he added.
Explaining HC’s stand, Mehta said, ‘In today’s age, technology has reached great heights and the dissemination of information is very fast. A period of two minutes from the first broadcast is more than sufficient so that the plaintiff can, in that period, commercially exploit its exclusive audio and visual rights.’
Hearing a case filed by Star India Private Ltd, which dragged OnMobile Global, Idea Cellular and Piyush Agarwal of cricbuzz.com to court over such updates, the court said while BCCI might have copyright claims over audio and visual recordings of a cricket match, it does not have any copyright over information pertaining to the match once it comes to the public domain.
‘In my opinion, after a period of two minutes of the first broadcast by the plaintiff, such information will become information in the public domain which is ordinary news for not being taken as part of the first broadcast. After two minutes, the content/information in the broadcast can be commercially exploited by any person,’ ruled justice Valmiki J Mehta while dismissing Star India’s petition. ‘I may hasten to clarify that qua momentary news like the fall of a wicket or a crucial momentary event become stale or ordinary news within seconds. I cannot and am not giving exclusive rights to the plaintiff for 72 hours merely because the plaintiff, as per its agreement with BCCI, has been granted such a right by the cricket board,’ he added.
Explaining HC’s stand, Mehta said, ‘In today’s age, technology has reached great heights and the dissemination of information is very fast. A period of two minutes from the first broadcast is more than sufficient so that the plaintiff can, in that period, commercially exploit its exclusive audio and visual rights.’