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[2013 SCC OnLine Del 3344]
Coram: Division Bench comprising of Hon’ble Justice S. Ravindra Bhat and Hon’ble Justice Najmi Waziri.
Forum: Hon’ble Delhi High Court.
Case No.: FAO (OS) 153/2013, CM Appl. 4665/2013.
Date of Decision: August 30, 2013
Conclusion
Hot News Doctrine: The "hot news" doctrine protects time-sensitive information from unauthorized use. It prevents others from benefitting unfairly from the efforts and costs involved in gathering and distributing valuable news, even though the news itself is not protected by copyright. The doctrine's relevance and application have evolved, particularly with the rise of digital media.
Facts:
- The BCCI granted broadcasting rights to StarTV by an agreement in 2012, these rights included information emanating from cricket matches.
- Later, three companies -Cricbuzz, Idea Cellular, and On Mobile (Defendants/Appellants) started providing ball-by-ball coverage of cricket matches through SMS alerts, for a premium fee.
- Due to this activity, Star TV (Plaintiff/Respondent) filed a suit stating that this violated their copyright.
- BCCI supported Star TV and claimed that the paramount rights belonged to Star TV.
- The suit claimed permanent injunction and damages against the alleged misappropriation of its quasi-proprietary rights in the information emanating from a cricket event based on the hot news doctrine and the tort of unfair competition and unjust enrichment.
- Thus, the matter was filed to the Court to resolve the issue.
Background/ Procedural Posture:
- The single judge initially rejected three suits on November 8, 2012, declaring them barred.
- A Division Bench later overturned this decision, ruling that the application for an ad-interim injunction needed to be evaluated based on its merits.
- Following the Division Bench's directive, the single judge then issued an ad-interim injunction. This injunction specifically prevented the Defendants from distributing real-time match information, including ball-by-ball or minute-by-minute updates and match alerts, for a fee and required that the Defendants obtain a license from the Plaintiff to disseminate such information.
Main Issue:
Whether protecting quasi-property rights in information is precluded by Section 16 of the Copyright Act of 1957?
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