ILLEGAL STREAMING OF SPORTS

As we all know, India is a big fan of sports. There is major events and parties and for that matter even restaurants stream these sports during their live match seasons. Before understanding what is illegal streaming of sports, let us first under what are the basic aspects of the above subject.

What is streaming?

Streaming means listening to music or watching video in ‘real time’, instead of downloading a file to your computer and watching it later.[1]

What devices are used for streaming?

There are a number of streaming devices available, each with their own unique features. Whether you want a hands-free option, ample internal storage, something affordable and/or 4K accessibility, there’s a streaming device for you. Search for reviews by reputable companies and consider alternate options such as a gaming console, a firestick, a set-top box from your TV provider.[2]

When does streaming become illegal?

There is no particular way of figuring out if the channel or platform on which one is watching something is eligible or not. But the thumb rule is as long as the money goes to the maker of the content it shall not be copyright infringement.

But now how many websites or apps could even be blocked? Even when the court has blocked a few sites, the history has been a witness that the same sites would come up with different names. For example, if the Court blocks ABCD.com, the defendant/registrant may simply make available the impugned content on another domain name or sub-domain name or from another IP address, so as to escape detection and the reach of the court’s order. As such, it becomes very difficult for rights-holders to curb such online piracy, as it is simply not feasible to approach courts for each and every such subsequent infringement. While there is per se no provision for such ‘dynamic injunctions’ under Indian law, the High Court in exercise of its inherent power under Section 151 of the Code of Civil Procedure (CPC), permitted the plaintiffs to implead the mirror/redirect/alphanumeric websites under Order I Rule 10 CPC as these websites merely provide access to the same websites which are the subject of the main injunction.[3]

Further there is a problem of recognition of copyright in live streaming of such sports in India. The High Court of Delhi in ESPN Star Sports v. Global Broadcast News Ltd.[4], had observed that the broadcasting reproduction rights under section 37 of the Act exist independent to copyright of the live footages.

Positions in different countries:

The Copyright, Designs and Patents Act lays down the law and punishment for copyright infringement in the UK. [5]In the year of 2003, vide an amendment to the act, anti-piracy provisions were inserted with the introduction of the section 97A.[6]The Act now provides for an injunction that can be filed against an ISP, if it is proved that the ISP had knowledge of a person using its resources to infringe copyright. This section has been used multiple times since 2010.[7]

Australia

The Australian law bestows copyright protection on broadcast of a sporting event, even though the sporting event itself is not copyrightable as it does not amount to a ‘dramatic work’ as contemplated under Section 31 of the Copyright Act, 1968.[8] By virtue of section 91 of the Act, copyright can be conferred to sound and television broadcasts, notwithstanding the fact that the fundamental material is not protected. Therefore, as long as they are fixated in any material form i.e. being recorded onto a film, videotape, or other media format at the time of their dissemination, they’ll be protected by virtue of section 10 of the Act.

Conclusion:

As seen above, India clearly needs to make stricter laws to protect the particular sports streaming website or channel or app. Other countries are better ahead in time and as statistics speak for themselves, India is going to be the biggest market for streaming and online content by 2022 hence the interests of the owners of the content have to protected and safeguarded.

[1] What is Streaming, BBC UK, http://www.bbc.co.uk/webwise/guides/about-streaming

[2] Ibid

[3] Lucy Rana and Pranav Biswas, [The Viewpoint] Italian football v. illegal streams: Serie A and Google collaborate to tackle online piracy, Bar and Bench, https://www.barandbench.com/view-point/italian-football-illegal-streams-serie-a-google-collaborate-tackle-online-piracy

[4] ESPN Star Sports v. Global Broadcast News Ltd., 2008 SCC OnLine Del 1385.

[5] The Copyright, Designs and Patents Act 1988 (CDPA 1988) (UK).

[7] CDPA 1988, s 97-A.

[8] Australian Olympic Committee v. Big Fights Inc, 1999 FCA 1042.

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