Facts:

• ESPN Star Sports (Appellant) held exclusive rights/licenses from sports bodies like Cricket Australia to broadcast sporting events in India, including India vs. Australia matches (test, ODI, T20). No one else could broadcast these matches in India without a license from ESPN. ESPN had licensed over 5000 cable operators in India to transmit their channels.
• Global Broadcast News Ltd. & Ors. used unauthorized footage from the Appellant's channel "Star Cricket," which exclusively broadcasted test matches from Dec 26, 2007, to Jan 28, 2008. The Respondents, including major networks like CNN-IBN, IBN7, Aaj Tak, Headlines Today, utilized substantial portions of this footage without permission. They used it to create programs for commercial purposes, exceeding the allowed usage for news bulletins to two minutes per day.
• The Appellant filed a suit seeking a permanent injunction to restrain Respondents from using their transmission or footage for any TV program.
  
  

Background/ Procedural Posture:

This appeal arose from a judgment by a learned Single Judge dated 18th February 2008, which had dismissed the Appellant/Plaintiff's suit for non-compliance with Section 61 of the Copyright Act, 1957.

Main Issue:

Whether the ambit of Section 37 and 39 of the Act comes under the purview of Section 61 of the Copyright Act, 1957?