INTRODUCTION
Today, the economy has become the bar of excellence and power in society and thus, conflicts are not resolved through military might as was the case in the past. As a result, there is a need for strong legal protections for intellectual property since it has become a valuable asset. Putting in place laws that safeguard intellectual property, assures that the originators of the work and ideas are rewarded for their hard work, and thus, others cannot steal and counterfeit their work. These regulations not only protect the copyright of creators but also provide guidelines on the use of intellectual properties in the public domain, which enhances innovation and economic development.
IP law touches almost every sector, from fashion and consumer brands to literature and film. But one area that is often not well recognized but is another IP rights user is the sports industry. This is because the past 20 to 30 years have seen a dramatic growth in the commercialization of sports, and some sports have gained popularity on the international scene, particularly cricket.
Cricket, once a pastime of the British, has since transformed into the world’s second most popular game and has caught the attention of shrewd business entrepreneurs looking to seize an opportunity and exploit its unparalleled popularity.
It is only through this acknowledgement and exercise of IP rights in sports that it protects inventions, increases the value of brands, and encourages even greater investment in the lucrative arena of sports.
The Indian Premier League (IPL) is one of the greatest sporting events in the world, combining cricket with entertainment to create a multi-billion-dollar phenomenon.
Movements in sports form 1-5 per cent of GDP and thus they are very important for the economy and all the related organizations. Now, the trend that can be seen is the Indian Premier League (IPL) is ongoing, and this is the perfect opportunity to explain the relationship between sports, marketing and business. Here, every team has its brand value, advertisements, theme songs, logos, brand name, taglines, marketing strategy, and performance strategy of players and all of this falls under the umbrella of IPR. These assets should be protected as part of IPR from third parties, so all of these assets are necessary. Kunstadt recommended IP in sports, but only concerning copyright and trademark — that players should get economic benefit for the work they put into developing a new move.[1] Cricket has evolved greatly since its creation, and this evolution was not only in the field but also in the market. In the present times, the IP rights that are relevant to cricket have emerged as critical issues, particularly in big-time tournaments like the IPL and the Cricket World Cup. However, there is still a significant research gap in the exploration of the interface between IP rights and cricket, particularly in these major events. Filling this gap is important to be able to fully understand and utilize the potential for cricket’s commercial development.
IPL has emerged as one of the biggest cricketing events in the world with a huge following and hence attracts heavy investments and high-value sponsorship. The other great event is the Cricket World Cup, held every four years. It is the biggest festival of the sport, appealing to millions of cricket enthusiasts in different parts of the world. These two events are surrounded by several complications regarding IP, including trademarks, copyrights, and patents.
While it is indisputable that IP rights are vital to cricket, the vast majority of stakeholders such as players, teams, sponsors, broadcasters and fans do not know how these rights impact the game. Therefore, an understanding of the legal and regulatory frameworks that govern the use and protection of IP rights in cricket is important for all interested parties to better understand how to navigate this complicated world and reap rewards as the sport continues to mature and gain popularity.
COPYRIGHT: THE FOUNDATION OF CRICKET’S WEALTH
Copyright is a vital shield for original literary and artistic works of art that span books, films, songs, maps, paintings and more. The creator retains the copyright in its property unless the work is commissioned by another party. This ownership gives the public the exclusive right to copy, reproduce and share these creations with the public as authorized by Section 14 of the Copyright Act 1957[2]. Section 13 of the 1957 Copyright Act[3] provides robust protection for artistic expressions, including literary, musical theatre, sound recordings and music.[4] When infringement occurs, the rightful owner has powerful remedies under Sections 55 and 63 of the Copyright Act[5] to protect his rights. Section 55 may be cited as a temporary, permanent or interlocutory injunction of the owner for damages due to his claims of an attorney that has been incurred by the property and Section 63 provides a serious criminal remedy with penalties that can include imprisonment for those who infringe on intellectual property. Protecting copyright is essential not just for individual creators but for the thriving landscape of culture and creativity.[6]
The 1957 Copyright Act provides crucial protections for various elements of sporting events including the artwork tied to logos, slogans and trademarks. In cricket, copyright holds significant importance for the preservation of intellectual property. This includes not just the recorded visuals and commentary of matches but also photographs capturing memorable moments, teams and athletes. Additionally, it safeguards essential materials such as rules and reports the governing body has to maintain and promote. In ensuring these protections we have upheld the integrity and value of cricket as a beloved sport.
IMPLICATIONS OF COPYRIGHT DISPUTES:
Economic Impacts:
Since illegal streaming and broadcasting have damaged India’s official broadcasters and sponsors as well as the IPL’s governing body. Proper enforcement of copyright laws will ensure that the legitimate stakeholders benefit from the commercial potential of the IPL.
Impact on Digital Platforms:
As more people turn to digital streaming platforms like YouTube, Facebook and Twitter it is becoming difficult for these platforms to identify and take down infringing content. The Information Technology Act 2000 and takedown requests under the Copyright Act are thus important.
Global Reach and Jurisdiction:
The international viewership of the IPL however, complicates copyright enforcement because a large number of infringers are based across different jurisdictions. This includes international copyright treaties like the Berne Convention for cross-border enforcement efforts.
PROPOSALS FOR STRENGTHENING COPYRIGHT PROTECTION
- Reinforcing the Legal Framework: – UK in light of digital piracy menaces that are threatening the UK, the copyright act should be amended to include provisions that would be helpful to businesses that are fighting counterfeiting and from Article 10 of the directive introducing specific provisions for sporting events, this would enhance the protection of live broadcasts and events.
- Technological Solutions: – We should invest in the latest AI-driven tools that can efficiently and effectively identify and take down infringing content from the internet. We should also make sure that our relationship with the digital platforms is good, such that the digital platforms of their own accord, enact their copyright policies and do not allow violations to occur.
- International Cooperation: To assist with the proper handling of cross-border copyright infringement issues, international treaties need to be strengthened through alliances that would ensure that protections are strong and worldwide recognised.
- Awareness and Education: To build a culture of compliance and respect between the digital creators and the fans, it is important to educate them on copyright laws and their implications for the creative ecosystem.
CONCLUSION:
It is crucial to have robust copyright protections in place, bearing in mind the link between intellectual property issues (IPR) and the business of sports, particularly cricket. Cricket has evolved into a multibillion-dollar enterprise due to major events such as the Indian Premier League (IPL) and the Cricket World Cup and copyright safeguards broadcasts, logos, and advertising in support of those broadcasts. Nevertheless, illegal broadcasts and digital piracy are a constant threat to everyone involved, including broadcasters and advertisers. The Copyright Act of 1957 establishes remedies against infringements, including the legal option for injunctions and criminal penalties. Nevertheless, enforcement across foreign jurisdictions and digital platforms continues to be a challenge. The response to online streaming that has increased developments of protecting content must be examined.
Strengthening legislative frameworks, using AI-powered copyright enforcement, fostering global collaboration, and creating the right copyright education and awareness, are all necessary to address these issues. We can improve enforcement through the protection of live sporting events and can assure compliance through agreements like the Berne Convention. Efficient copyright law is vital for maintaining investment and innovation as sport becomes more commercialised. These protections will preserve the essence of cricket in a digital world while guaranteeing that all stakeholders benefit from the economic opportunities that continue to arise from the match-up.
Author(s) Name: Esha Singh (University of Engineering and Management, Kolkata)
References:
[1] F. F. Scott Kieff, Robert G. Kramer & Robert M. Kunstad, “It’s Your Turn, But It’s My Move: Intellectual Property Protection for Sports Moves”, 25 Santa Clara High Tech. L.J. 765 (2012).
[2] The Copyright Act, No. 14 of 1957, § 14, India Code (1957).
[3] The Copyright Act, No. 14 of 1957, § 13, India Code (1957).
[4] Copyright Act, 1957
[5] The Copyright Act, No. 14 of 1957, § 55, India Code (1957); The Copyright Act, No. 14 of 1957, § 63, India Code (1957).
[6] Copyright Act, 1957
