The Channel Corporation herein after referred as Plaintiff entered into an Audio Rights Agreement with ICC Business Corporation FZ LLC, which was the organizer of ICC Men's World Cup, 2019, an event organized every four
CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · June 2025
The Channel Corporation herein after referred as Plaintiff entered into an Audio Rights Agreement with ICC Business Corporation FZ LLC, which was the organizer of ICC Men's World Cup, 2019, an event organized every four years and whose edition began on May 30th, 2019 and concluded on July 14th, 2019. Under the mentioned agreement, the Plaintiff has the exclusive right to exploit the Audio Rights in relation to the matches and warm up matches being held under the stated ICC tournament and the right to negotiate and conclude the license agreements with sub-licensees. The Plaintiff has the following Rights: Transmit audio coverage of Matches and warm-up matches (or any adapted, altered or edited version thereof, and including comment, commentary, interviews and/or associated data) whether live, delayed, highlights or report in all languages via any delivery system now known or hereafter developed which is capable of transmitting or making available audio material for reception anywhere in the world, including via analogue and/or digital radio broadcasts, audio streaming/broadcasts to mobile phones, audio transmission on a digital TV channel (provided such transmission is accompanied only by basic scoring graphics and does not contain and ICC Marks). Stream such audio coverage via the internet and/or simulcast radio broadcasts via an audio internet stream, and/or make such audio content available on demand, including the provision of downloadable audio content commonly called podcast. Transmit or broadcast resulting from the exercise of the Audio Rights, by Private FM Radio Stations within and throughout India, after obtaining the necessary rights, clearances licenses and permission in relation to such broadcast subject to the Indian law which permit such live broadcast of cricket events on Private FM Radio Stations. Exclusive right to exploit the Audio Rights and the right to negotiate and conclude the license agreements with sub-licensees. The plaintiff came to know that the defendant who are (URLs/websites, private radio platform operators ISP (Internet Service Providers)/TSPs (Telecom Service Providers) are also broadcasting deferred update pertaining to ICC Event. An Injunction suit is filed by the plaintiff. The Copyright Act safeguards both the work's essence and the creator's reputation. Explain.
Answer & Explanation:
As per section 57 of the Copyright Act, the author of a work shall have the right to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work if such distortion, mutilation, modification or other act would be prejudicial to his honour or reputation. In Mannu Bhandari v. Kala Vikas Pictures Ltd. the plaintiff, a Hindu writer, had assigned rights over her novel "Aap ka Bunty" to the defendants for producing a movie. The defendants produced a movie called "Samay ki Dhara" based on the novel. The plaintiff argued that the movie and the novel were based on different plots, which harmed her reputation as a writer and filed a suit for permanent injunction in the court. The court held that even though the plaintiff had transferred all her rights to the defendant, she still had moral rights over the work. Moral rights are not only in literary works but also apply to films and documentaries. It also held that some modifications while transforming a novel into a movie are permissible but should not harm the reputation of the author. Concerning the contract between the parties, the court stated that the provisions in the contract should not be in contravention of section 57 of the Copyright Act, 1957. Finally, it was agreed by the defendants that the name of the plaintiff and her novel's name should be removed from the film. The plaintiff will not have any rights over the film.
Topics: Copyright
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