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Media Accreditation and News Access Guidelines
Media Accreditation and News Access Guidelines
Public Advisory Notice
Public Advisory Notice
The Board of Control for Cricket in India's Sub-Committee Unit known as the Indian Premier League ("BCCI-IPL") has noted certain potential concerns among cricket fans and the viewing public relating to the IPL 2010 media accreditation and news access guidelines and the implications thereof for the public’s enjoyment of the event. This public advisory document aims to address the potential concerns by clarifying the need for and the scope of the guidelines.
The FAQs below provide an overview of why the BCCI-IPL must protect its proprietary content in the manner that it does, what the BCCI-IPL’s and its licensees’ legal rights are, and what the BCCI-IPL is doing to ensure that its fans continue to enjoy access to high-quality IPL content on various platforms.
The FAQs below provide an overview of why the BCCI-IPL must protect its proprietary content in the manner that it does, what the BCCI-IPL’s and its licensees’ legal rights are, and what the BCCI-IPL is doing to ensure that its fans continue to enjoy access to high-quality IPL content on various platforms.
Frequently asked questions
Why does the IPL issue media accreditation and news access guidelines?
Any major sporting event such as the IPL is made possible through the commercial participation of sponsors, partners and broadcasters that are each granted certain exclusive rights and privileges by the BCCI-IPL in exchange for their financial and other support. Protecting the interests of investors in sport is critical to delivering them value which, in turn, provides them incentives to reinvest in the event in the future. In this manner, the sporting event can grow and bring greater value and innovation to all stakeholders, including fans and the viewing public.
At the same time, the media – newspapers, magazines, websites, electronic and other new media – also play an important role in driving the popularity of a sporting event and add richness to the public’s interaction with the event, delivering news and information of newsworthy events in different voices and in the context of varied opinions.
With this as background, it is conventional for sports governing bodies, such as the BCCI-IPL, to attempt to balance the rights of its investors and the privileges granted to the media. This enables it to optimise value for the public by facilitating access to diverse sources of information and, at the same time, necessarily protecting against leakage of commercial value, keeping it available for reinvestment in the sport
While the protection of investors and events partners could be achieved by the BCCI-IPL and its licensees if they were to rigidly enforce their respective rights under intellectual property laws, the positive role that the media is capable of playing is respected and recognised. Therefore, media accreditation and news access guidelines, and the specific privileges and accommodations granted to legitimate outlets and distributors of news and current affairs content thereunder, are significantly and meaningfully broader than the rights that these media channels would enjoy under the ‘fair use’, ‘fair dealing’ or ‘news reporting’ exceptions under copyright laws, in India and internationally. It is in this context that the BCCI-IPL has issued and implemented the media accreditation and news access guidelines during each season of the IPL.
At the same time, the media – newspapers, magazines, websites, electronic and other new media – also play an important role in driving the popularity of a sporting event and add richness to the public’s interaction with the event, delivering news and information of newsworthy events in different voices and in the context of varied opinions.
With this as background, it is conventional for sports governing bodies, such as the BCCI-IPL, to attempt to balance the rights of its investors and the privileges granted to the media. This enables it to optimise value for the public by facilitating access to diverse sources of information and, at the same time, necessarily protecting against leakage of commercial value, keeping it available for reinvestment in the sport
While the protection of investors and events partners could be achieved by the BCCI-IPL and its licensees if they were to rigidly enforce their respective rights under intellectual property laws, the positive role that the media is capable of playing is respected and recognised. Therefore, media accreditation and news access guidelines, and the specific privileges and accommodations granted to legitimate outlets and distributors of news and current affairs content thereunder, are significantly and meaningfully broader than the rights that these media channels would enjoy under the ‘fair use’, ‘fair dealing’ or ‘news reporting’ exceptions under copyright laws, in India and internationally. It is in this context that the BCCI-IPL has issued and implemented the media accreditation and news access guidelines during each season of the IPL.
How do the IPL guidelines compare with guidelines for other major international events? What is the applicable legal framework?
The IPL's media accreditation and news access guidelines are no more restrictive than the guidelines applicable to other major international sporting events. In fact, they compare favourably to those implemented at numerous comparable high-profile events including the Olympic Games and international cricket played across the world.
For example, when international electronic news broadcasters reported the results of the Beijing Olympic Games 2008, they were not entitled to use audio-visual footage of the events or presentation ceremonies beyond what was permitted under copyright law’s ‘fair dealing’ principle without license from and payment to the official broadcaster. In India, Prasar Bharati sent legal notices to numerous private news channels relating to use of Beijing Olympics footage and filed for an injunction in the Delhi High Court against these channels, the court holding that news channels must comply with copyright law in all respects as regards the footage.
Internationally, various news broadcasters’ codes of practice limit news reporting of sports events to the factual reporting of results and scores only without use of audio-visual match footage whatsoever. International case law recognises that over-use of match footage under the guise of ‘news reporting’ crosses the line into entertainment and, therefore, falls outside the ‘fair dealing’ exception under copyright law.
Indian courts have refused to conclusively decide objective standards under copyright law of when use constitutes a ‘fair dealing’ and when it does not (and is, therefore, an infringement). The courts have, however, agreed to enforce limitations imposed in agreements between rights owners and news broadcasters relating to quantity, currency and frequency of use of footage and have clarified that, as a procedural matter, any news usage guidelines must be notified by the rights owner at least 2 weeks in advance of the sporting event.
With this as background, the BCCI-IPL is confident that it has adopted international best practices relating to media accreditation and news access to IPL match footage. It further clarifies that it believes that the accommodations and privileges made available to electronic and other media are meaningfully more favourable than the 'fair use', 'fair dealing' and 'news reporting' exceptions available to such parties under copyright law.
For example, when international electronic news broadcasters reported the results of the Beijing Olympic Games 2008, they were not entitled to use audio-visual footage of the events or presentation ceremonies beyond what was permitted under copyright law’s ‘fair dealing’ principle without license from and payment to the official broadcaster. In India, Prasar Bharati sent legal notices to numerous private news channels relating to use of Beijing Olympics footage and filed for an injunction in the Delhi High Court against these channels, the court holding that news channels must comply with copyright law in all respects as regards the footage.
Internationally, various news broadcasters’ codes of practice limit news reporting of sports events to the factual reporting of results and scores only without use of audio-visual match footage whatsoever. International case law recognises that over-use of match footage under the guise of ‘news reporting’ crosses the line into entertainment and, therefore, falls outside the ‘fair dealing’ exception under copyright law.
Indian courts have refused to conclusively decide objective standards under copyright law of when use constitutes a ‘fair dealing’ and when it does not (and is, therefore, an infringement). The courts have, however, agreed to enforce limitations imposed in agreements between rights owners and news broadcasters relating to quantity, currency and frequency of use of footage and have clarified that, as a procedural matter, any news usage guidelines must be notified by the rights owner at least 2 weeks in advance of the sporting event.
With this as background, the BCCI-IPL is confident that it has adopted international best practices relating to media accreditation and news access to IPL match footage. It further clarifies that it believes that the accommodations and privileges made available to electronic and other media are meaningfully more favourable than the 'fair use', 'fair dealing' and 'news reporting' exceptions available to such parties under copyright law.
What options will the public have to access audio-visual and other proprietary IPL content?
Bona fide news outlets, be they newspapers, magazines, websites or electronic news channels, continue to be entitled to make use of IPL proprietary content in compliance with the 2010 media accreditation and news access guidelines. Should these outlets choose to exercise their rights thereunder or otherwise act in compliance with copyright and other intellectual property laws, the public will have access to such third party sources of news, information and opinion.
At the same time, the IPL will provide official sources of news, information and opinion on its official website at www.iplt20.com, its official mobile site at m.iplt20.com, and live and deferred audio-visual footage of matches, presentation ceremonies and other events on the official IPL YouTube channel at www.youtube.com/ipl. These sources of information will be accessible worldwide from any computer and/or mobile device. Similarly, live matches and highlights may be viewed on the television or internet-streaming channel of the official broadcaster or its licensee in various territories internationally and in certain nominated theatres and similar venues in certain territories. Further information on the location of these venues will be made available periodically on www.iplt20.com.
With access to the above, members of the public will have unlimited access to on-demand audio-visual and other content on a medium and at a time of their choosing. The BCCI-IPL is confident that these sources of information will qualitatively and quantitatively be able to deliver an unparalleled experience to cricket fans internationally. At the same time, it would welcome coverage of the event by independent and bone fide news media outlets in compliance with the guidelines it has notified and the international best practices on news reporting that they represent.
PLEASE NOTE: This document is not an exhaustive description of any or all of the BCCI-IPL’s or its licensees’ rights at law or in contract. Further, this guidance is not a substitute for legal advice. If you think you may have infringed the BCCI-IPL’s or its licensees’ rights, or you are proposing to do something that you think may infringe such rights, the BCCI-IPL recommends that you seek independent legal advice.
At the same time, the IPL will provide official sources of news, information and opinion on its official website at www.iplt20.com, its official mobile site at m.iplt20.com, and live and deferred audio-visual footage of matches, presentation ceremonies and other events on the official IPL YouTube channel at www.youtube.com/ipl. These sources of information will be accessible worldwide from any computer and/or mobile device. Similarly, live matches and highlights may be viewed on the television or internet-streaming channel of the official broadcaster or its licensee in various territories internationally and in certain nominated theatres and similar venues in certain territories. Further information on the location of these venues will be made available periodically on www.iplt20.com.
With access to the above, members of the public will have unlimited access to on-demand audio-visual and other content on a medium and at a time of their choosing. The BCCI-IPL is confident that these sources of information will qualitatively and quantitatively be able to deliver an unparalleled experience to cricket fans internationally. At the same time, it would welcome coverage of the event by independent and bone fide news media outlets in compliance with the guidelines it has notified and the international best practices on news reporting that they represent.
PLEASE NOTE: This document is not an exhaustive description of any or all of the BCCI-IPL’s or its licensees’ rights at law or in contract. Further, this guidance is not a substitute for legal advice. If you think you may have infringed the BCCI-IPL’s or its licensees’ rights, or you are proposing to do something that you think may infringe such rights, the BCCI-IPL recommends that you seek independent legal advice.
What do the IPL media accreditation and news access guidelines contain?
The media accreditation and news access guidelines are contracts entered into between and among the BCCI-IPL, its exclusive broadcaster and licensees and the news media wishing to receive stadium access and otherwise cover the event.
The guidelines describe the accreditation formalities and processes for media personnel including photographers, newspaper and magazine journalists, electronic media and others, describe the manner in which they must behave within the stadium and also outline the appropriate uses of the content they generate within the stadium and the content generated by the BCCI-IPL’s official broadcaster and other licensees.
As mentioned above, while a number of the accommodations made and privileges granted to the media under the guidelines extend beyond what is available under copyright and other intellectual property laws, the BCCI-IPL is also tasked with protecting its partners’ investments and ensuring that clear distinctions are made between bona fide news sources and others and between journalistic and commercial uses.
The media accreditation guidelines limit use of IPL proprietary content to newspapers, news magazines and websites that are primarily journalistic in nature, activity and scope and provide that these media outlets should not commercialise the content but should use it solely for journalistic and news reporting purposes only.
The news access guidelines allow bona fide electronic news broadcasters to use up to 30 seconds of fresh IPL match footage per regularly scheduled news bulletin subject to a maximum of 120 seconds of fresh footage per IPL match in a day. In total up to 7 minutes of IPL match footage can be used each day with each use not exceeding 120 seconds in total duration. Footage can be repeated up to 3 times a day in regularly scheduled news bulletins. The use of footage is limited to regularly scheduled news bulletins and may not be used in special programming. The use of live footage is not permitted, with there being a minimum of 30 minutes’ delay required from the live telecast. Archival IPL match footage may be used for news purposes subject to certain limitations of duration and repetition each day.
The BCCI-IPL sees the above as reasonable and fair guidelines for coverage of the event, where news media receive accommodations and privileges by virtue of the value that they bring and their potential contribution to the ultimate success of the event. Concurrently, the guidelines protect the commercial rights and interests of the IPL partners without whom the event would not have been possible in the first place.
The guidelines describe the accreditation formalities and processes for media personnel including photographers, newspaper and magazine journalists, electronic media and others, describe the manner in which they must behave within the stadium and also outline the appropriate uses of the content they generate within the stadium and the content generated by the BCCI-IPL’s official broadcaster and other licensees.
As mentioned above, while a number of the accommodations made and privileges granted to the media under the guidelines extend beyond what is available under copyright and other intellectual property laws, the BCCI-IPL is also tasked with protecting its partners’ investments and ensuring that clear distinctions are made between bona fide news sources and others and between journalistic and commercial uses.
The media accreditation guidelines limit use of IPL proprietary content to newspapers, news magazines and websites that are primarily journalistic in nature, activity and scope and provide that these media outlets should not commercialise the content but should use it solely for journalistic and news reporting purposes only.
The news access guidelines allow bona fide electronic news broadcasters to use up to 30 seconds of fresh IPL match footage per regularly scheduled news bulletin subject to a maximum of 120 seconds of fresh footage per IPL match in a day. In total up to 7 minutes of IPL match footage can be used each day with each use not exceeding 120 seconds in total duration. Footage can be repeated up to 3 times a day in regularly scheduled news bulletins. The use of footage is limited to regularly scheduled news bulletins and may not be used in special programming. The use of live footage is not permitted, with there being a minimum of 30 minutes’ delay required from the live telecast. Archival IPL match footage may be used for news purposes subject to certain limitations of duration and repetition each day.
The BCCI-IPL sees the above as reasonable and fair guidelines for coverage of the event, where news media receive accommodations and privileges by virtue of the value that they bring and their potential contribution to the ultimate success of the event. Concurrently, the guidelines protect the commercial rights and interests of the IPL partners without whom the event would not have been possible in the first place.
Have the IPL media accreditation and news access guidelines for 2010 been amended from the 2008 and 2009 guidelines? If so, why?
The 2010 guidelines have evolved to what the BCCI-IPL considers fair and reasonable standards in line with international best practices for international sports events generally and cricket specifically.
In 2008, the guidelines were finalised after the BCCI-IPL's consultation with the Indian and international news media and their representatives. Clear and specific guidelines relating to quantity, currency and frequency of use of footage were agreed upon. Despite the mutually acceptable agreement reached with the news broadcasters, the news media and their representatives, the BCCI-IPL noted widespread breach and violation of the guidelines across numerous news channels. Violations included commercial packaging of highlights using sponsors that conflicted with IPL sponsors, failure to give due credit to the IPL and the official broadcaster, breaches of the limitations on quantity, currency and frequency and even cases where news channels displayed live footage as it happened. News channels did not comply with requests from the BCCI-IPL and its licensees to comply with the guidelines. This unlicensed over-use of footage and proprietary content materially impacted the IPL official broadcaster’s exclusive rights.
Noting the widespread violations, the news access guidelines were reformulated by the BCCI-IPL and the official broadcaster for IPL 2009, making certain modifications to the limitations on quantity, currency and frequency of use of footage. At the same time, the BCCI-IPL recognised that certain limitations on use of images by cricket websites in the media accreditation guidelines were restrictive, and these were amended to facilitate legitimate uses. The second edition of the IPL saw 2882 hours of audio-visual clips of match footage used by 109 news channels in India alone without payment to the BCCI-IPL or its licensee. A significant amount of this use was in direct breach of news access guidelines, whether considered in relation to the 2008 version or those published and implemented in 2009. Again, despite notification to the news channels by the BCCI-IPL and its licensee no remedial action was taken. In fact, the IPL official broadcaster was forced to approach the courts to enforce its exclusive rights and obtained injunctions against certain news broadcasters to protect against continued infringement of its rights.
The 2010 news access guidelines are identical to those published by the BCCI-IPL in 2009. The media accreditation guidelines with respect to use of IPL images on websites and in newspapers and magazines have been further clarified, distinguishing bona fide news outlets from those that primarily transact business of a non-journalistic nature and, further, making a distinction between journalistic and commercial use of IPL proprietary content. This is to ensure that commercial leverage thereof can only be undertaken by licensed entities that contribute towards reinvestment in the sport.
The BCCI-IPL wishes to clarify that while it has no legal obligation to agree to provide accommodations and privileges to the news media beyond those already enjoyed by them under ‘fair dealing’ and the ‘news reporting’ exceptions, it recognises the need for the public to have access to information and opinion from diverse sources. In this spirit, it has published media accreditation and news access guidelines that are in line with, if not more favourable than, international standards for major sporting events and has followed due process required by law in notifying these publicly sufficiently in advance of the event. The BCCI-IPL further clarifies that the BCCI-IPL, the official broadcaster and other official licensees have made available commercial licensing packages to news channels and other media outlets should they wish to make use of footage and other content beyond the scope of the media accreditation and news access guidelines currently in force. The BCCI-IPL intends to and will do all things necessary to protect and support its partners and licensees from unlicensed over-use and commercial leverage of proprietary content by all third parties, whether news media outlets or otherwise. It considers this its responsibility as the governing body of the IPL.
For Furhter details click "Download PDF" link above or click here.
In 2008, the guidelines were finalised after the BCCI-IPL's consultation with the Indian and international news media and their representatives. Clear and specific guidelines relating to quantity, currency and frequency of use of footage were agreed upon. Despite the mutually acceptable agreement reached with the news broadcasters, the news media and their representatives, the BCCI-IPL noted widespread breach and violation of the guidelines across numerous news channels. Violations included commercial packaging of highlights using sponsors that conflicted with IPL sponsors, failure to give due credit to the IPL and the official broadcaster, breaches of the limitations on quantity, currency and frequency and even cases where news channels displayed live footage as it happened. News channels did not comply with requests from the BCCI-IPL and its licensees to comply with the guidelines. This unlicensed over-use of footage and proprietary content materially impacted the IPL official broadcaster’s exclusive rights.
Noting the widespread violations, the news access guidelines were reformulated by the BCCI-IPL and the official broadcaster for IPL 2009, making certain modifications to the limitations on quantity, currency and frequency of use of footage. At the same time, the BCCI-IPL recognised that certain limitations on use of images by cricket websites in the media accreditation guidelines were restrictive, and these were amended to facilitate legitimate uses. The second edition of the IPL saw 2882 hours of audio-visual clips of match footage used by 109 news channels in India alone without payment to the BCCI-IPL or its licensee. A significant amount of this use was in direct breach of news access guidelines, whether considered in relation to the 2008 version or those published and implemented in 2009. Again, despite notification to the news channels by the BCCI-IPL and its licensee no remedial action was taken. In fact, the IPL official broadcaster was forced to approach the courts to enforce its exclusive rights and obtained injunctions against certain news broadcasters to protect against continued infringement of its rights.
The 2010 news access guidelines are identical to those published by the BCCI-IPL in 2009. The media accreditation guidelines with respect to use of IPL images on websites and in newspapers and magazines have been further clarified, distinguishing bona fide news outlets from those that primarily transact business of a non-journalistic nature and, further, making a distinction between journalistic and commercial use of IPL proprietary content. This is to ensure that commercial leverage thereof can only be undertaken by licensed entities that contribute towards reinvestment in the sport.
The BCCI-IPL wishes to clarify that while it has no legal obligation to agree to provide accommodations and privileges to the news media beyond those already enjoyed by them under ‘fair dealing’ and the ‘news reporting’ exceptions, it recognises the need for the public to have access to information and opinion from diverse sources. In this spirit, it has published media accreditation and news access guidelines that are in line with, if not more favourable than, international standards for major sporting events and has followed due process required by law in notifying these publicly sufficiently in advance of the event. The BCCI-IPL further clarifies that the BCCI-IPL, the official broadcaster and other official licensees have made available commercial licensing packages to news channels and other media outlets should they wish to make use of footage and other content beyond the scope of the media accreditation and news access guidelines currently in force. The BCCI-IPL intends to and will do all things necessary to protect and support its partners and licensees from unlicensed over-use and commercial leverage of proprietary content by all third parties, whether news media outlets or otherwise. It considers this its responsibility as the governing body of the IPL.
For Furhter details click "Download PDF" link above or click here.
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