Samir Kasal, a novel personality in the field of sports entertainment conceptualized the format and novel features of an International Cricket League wherein famous retired cricketers would compete against each other ami
CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · December 2024
Samir Kasal, a novel personality in the field of sports entertainment conceptualized the format and novel features of an International Cricket League wherein famous retired cricketers would compete against each other amidst a test cricket format divided over 2 innings of 10 overs each that which would be intended to roll out in non-cricket playing countries to bolster the interest and spirit of the sport within the same. It was claimed by the him that he alongside Prashant Mehta had started working on the project, who also successfully roped in Vivek Khushalani to join as an investor and in light of the same, the allied format, conceptual clarity and other information about the project had been shared to Vivek collectively in discretion and due confidentiality underlying the project titled "Legends Premiere League." However, after getting notified from media coverage Samir came to know that Prashant and Vivek were intending to organize a league titled "Legends League Cricket" rather than "Legends Premiere League" which had been previously agreed between them, Samir (herein after plaintiff) filed a petition seeking interim relief claiming that there was an undue copyright infringement of the concept that was primarily developed by him and a clear breach of confidentiality on which the Prashant and Vivek (herein after Defendants) misappropriated his original concept in light of the same. Defendants submitted that the "format" which the Plaintiff claimed to have been introduced by him had been first introduced in the public domain in 1997, holding that the Plaintiff's idea which he desired exclusively and claimed for copyright infringement itself lacked originality. Further, the Defendants asserted that their Tournament's format was different from that of the Plaintiff's pertaining to the novel features that included the number of teams, overs, venues, franchises, innings and league names per say; thus vehemently denying any such claims of undue copyright infringement. Decide the case with the help of case laws.
Answer & Explanation:
Decision of the Case As per Section 2(y) of Copyright Act, 1957, work means any of the following works namely: a literary, dramatic, musical or artistic work; a cinematograph film; a sound recording. The concept claimed by the Plaintiff, as his original idea, does not fall in any of these definitions. Thoughts, without being expressed in a material form, print or writing, would not constitute a "literary work". The court viewed and concluded that parts of the concept already existed in the public domain for a long time and could not be considered as original ideas of the Plaintiff. The court said that the Plaintiff could not claim exclusive rights over ideas such as naming the teams using the words such as "Asia" and "World" or restrict the players from participating in the defendant's league. The court relied on the judgment of R.G. Anand v/s Delux films , in this the court stated that all the games of cricket would have some of the elements common or derived from the same concept so the burden would be on the Plaintiff to prove that his idea had some novelty which could be protected but the plaintiff failed to do so. As the Plaintiff's ideas already existed and were adopted from one form or other. The Plaintiff and Defendant number 1 had not prepared a proper document that could give rise to contractual obligations on part of the other defendants or third parties. So, it was concluded that there was no existence of the formation of a quasi-contract. The Court opined that the obligation of confidentiality could not continue indefinitely. It would further depend on the nature of the information to be kept confidential. The information related to organizing a league as per Plaintiff's concept cannot stop Defendant number 2 from holding league matches forever, especially when it was observed by the court that he was continuously involved in management of an IPL team. The Plaintiff was also at the fault that he failed to contact defendant number 2 between 2018 and 2020 to proceed with the proposal. It was also observed by the court that the Plaintiff was unable to explain the delay in approaching the court. The Court stated that no one can claim copyright on the game of cricket and there can be no copyright on the evolution of the game from five-day test matches to the recent format of T-20 cricket either. The court dismissed the Plaintiff's claim for monetary loss as the damage suffered by the Plaintiff would still be insignificant as compared to the Defendant if an interim injunction was granted against them. So he dismissed the applications filed by the Plaintiff. The court directed the league organizers to maintain clear accounts of their earnings and expenditure with respect to matches and file the same before the Court within one month after the completion of the tournament.
Topics: Copyright Law
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