In a dispute between International Cricket Council and NDTV regarding violation of News Access Guidelines by latter and hence infringing former’s copyright in Cricket World Cup 2011 and ongoing Twenty 20 World Cup in Sri Lanka, Delhi High Court has issued the following directions: –
(i) The duration of the footage, whether fresh or archival, by NDTV would be limited to the extent permitted under the “ICC Twenty 20 World Cup, Sri Lanka, 2012” News Access Regulations in India. This would include not only the maximum footage, but also the maximum footage per hour of the broadcast, repeat of the footage and the total number of broadcast of such footage, as stipulated in the said guidelines/ regulations.
(ii) The fresh footage will be delayed by at least 30 minutes, in terms of ICC regulations.
(iii) NDTV shall not air any advertisement immediately before, during or immediately after the footage, during the news bulletins, except to the extent indicated in (iv) below.
(iv) If the footage is shown in the news bulletins, NDTV shall subject to the condition and limitations stipulated herein below, be at liberty to carry advertisements on the tickers, even when the footage, whether fresh or archival, is shown during regular news bulletin provided that such advertisement(s) have not been booked by NDTV to be shown only during reporting of ICC Twenty 20 World Sri Lanka, 2012. The advertisement(s)/logo(s) of the sponsor(s) of the news bulletin in which footage is shown can be carried by NDTV on tickers at the time of reporting of the event, only if the sponsorship is of the news bulletin and the logo and/or advertisement of the sponsor appears on the ticker(s) throughout the news, except when the advertisements of others are being aired.
(v) If advertisements are carried by NDTV immediately before, during or immediately after the special /sponsored programmes on ICC Twenty 20 World Cup 2012 telecasted on its news channel, the footage will not be shown in the programme(s).
(vi) If the advertisements are carried even on tickers, immediately before, during or immediately after such special/sponsored programmes, the footage will not be shown in the programme.
(vii) NDTV would not use the footage if it gives any such title to its special/ sponsored programmes as would indicate an association between the advertiser(s) and the event subject matter of the programme.
(viii) NDTV, while showing the footage whether fresh or archival would paste “courtesy bug” acknowledging ICC, with due prominence, throughout the broadcast of the footage.
(ix) NDTV would use the name “ICC Twenty 20 World Cup, Sri Lanka, 2012 or a shorter title “ICC World Twenty 20” and the event logo while using the footage, whether during the special programme or during news bulletin.
(x) In case the official logo of ICC is covered by the logo of NDTV when the footage is shown, it would include a courtesy line extended at the bottom or elsewhere on the screen. (xi) No advertisement would be carried on the footage.