Copyright in Sports Broadcasting and Sports ...

Copyright in Sports Broadcasting and Sports Performances: A Critical Analysis

Author Name : Jose K John

ABSTRACT Intellectual property law is nothing new to the sports industry. The sports industry has grown into a multibillion dollar industry and is no longer just confined to a few dedicated players on the field. Credits to the advancements in communications technology, broadcast sports coverage has been revolutionized and now reaches billions of people worldwide to enjoy the excitement and spectacle of major sporting events. Using landmark cases as a guide, this paper examines the connection between copyright law and live sports broadcasting. Following the Covid pandemic, there has been a sharp increase in the unlawful sharing of sports event content on social media. Therefore, this research also examines whether sharing sports videos on social media constitutes fair use or copyright infringement in India. Finally, the study examines copyright in sports from the viewpoint of the athlete. Courts and broadcasters have frequently cited the following reasons as to why sports moves and performances are not copyrightable: the unpredictability of a match's or a tournament's final result; the absence of any original or inventive form of expression due to sports' rule-bound nature; and the absence of a pre-planned narrative. Thus, from an international standpoint, this article also addresses whether or not an athlete can claim copyright for their signature move in sports and whether or not they can do so in their sporting performances. The researcher would be doing an empirical research by analysing the current provisions and also comparing with the legislations and judgements of other countries in the possible areas.