Context- The Delhi High Court has passed a “dynamic injunction” in favour of the ICC Men’s Cricket
World Cup 2023 broadcaster, Star India Private Limited, before the Cup’s commencement.
What is a Dynamic Injunction?
- An injunction is an official order given by a law court, usually to stop someone from doing
- A dynamic injunction is passed to protect copyrighted works even before they are publicly
released, distributed, or created.
- It ensures that no irreparable loss is caused to its authors and owner, owing to the imminent
possibility of such works being uploaded on rogue websites or their newer versions immediately
after their creation or release, given the challenges posed by online piracy.
- Star India filed the pleas on the basis of exclusive rights they had acquired from ICC, they
enjoyed broadcast reproduction rights which are contemplated under Section 37 of the 1957
What is Section 37 of the Copyright Act?
- Section 37 deals with a “special right” extended to every broadcasting organisation.
- Section 37 (2) proceeds to enlist what constitutes an infringement of this right.
- It states that “during the continuance of a broadcast reproduction right” any person who,
without the licence of the right’s owner engages in re-broadcasting the broadcast;
- Or causes the broadcast to be heard or seen by the public on payment of charges;
- Or makes any sound or visual recording of the broadcast;
- Or makes any reproduction of such sound or visual recording where the initial recording was
done without licence or was licensed, for any purpose not envisaged by the licence;
- Or sells or hires to the public, or offers for such sale or hire, any such sound recording or visual
recording, will be deemed to have infringed this right, subject to the provisions of Section 39.
- Section 39: Acts not infringing broadcast reproduction right or performer’s right.
- The making of any sound recording or visual recording for the private use of the person making
such recording, or solely for purposes of bona fide teaching or research; or
- The use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the
reporting of current events or for bona fide review, teaching or research; or
- Such other acts, with any necessary adaptations and modifications, which do not constitute
infringement of copyright under section 52.