DLF Indian Premier League (Player Auction 2011)
Terms relating to Audio-visual Broadcasting by News Broadcasters
The DLF IPL (Player Auction 2011) News Access Guidelines are being issued by the Board of Control for Cricket in India to facilitate the appropriate use of audio-visual footage from the DLF IPL (Player Auction 2011) (“Player Auction”) currently scheduled to be held in Bangalore on the 8th and 9th of January, 2011 (“Venue”).
The Player Auction is a ‘stand-alone’ property of the BCCI relating to the DLF IPL. It is a private auction, not open to the general public and is not a ‘live sporting event’. However, with a view to facilitate access to diverse sources of information for the public and to grant conditional privileges to the bona fide news media desirous of covering the event, the BCCIhas issued these Guidelines, which embody prevailing legal standards on news media access to footage of current affairs and events.
Guidelines for News and Current Affairs Broadcasters
These Guidelines are solely for News Broadcasters registered under the category of “News and Current Affairs” channels under the Ministry of Information and Broadcasting's “Downlinking Guidelines” (“News Broadcasters”) and are not applicable to other channels including, in particular, Sports Channels or Sports News/Programmes on Sports Channels.
The Player Auction will be telecast “live and exclusive” by SET MAX, the official broadcaster to the Player Auction and the IPL (“Official Broadcaster”). News Broadcasters may use footage from the telecast of the Player Auction without payment to the Official Broadcaster or DLF IPL, only within the following parameters:
Use of Footage:
1. News Broadcasters will be allowed to broadcast Footage as per the limits set out below:
a. An aggregate of no more than seven (7) minutes of Fresh Footage may be broadcast during each Day of the Player Auction.
b. Out of the said seven (7) minutes of Fresh Footage per Day, only a maximum of two (2) minutes of Fresh Footage may be broadcast per hour of news broadcast.
c. A maximum of two (2) repeats of Fresh Footage may be broadcast in any hour of news broadcast i.e., the Fresh Footage of two (2) minutes per hour of news broadcast may only be repeated twice in that hour, and no further repeats of such Fresh Footage will be permitted.
d. The use of live or near live footage of the Official Broadcaster is not permitted at any time and under any circumstances. There shall be a minimum of a sixty (60) minute delay from the live telecast by the Official Broadcaster before telecast of any Footage by a News Broadcaster.
e. Archival footage from previous DLF IPL player auctions may be used subject to such use not exceeding a maximum of two (2) minutes per hour of news broadcast without repeats.
It is clarified in these Guidelines that:
i. “Day” shall mean a period of 24 hours from the commencement of the Player Auction.
ii. “Fresh Footage” shall mean the first telecast of the Footage by a News Broadcaster on its news channel.
iii. “Footage” shall mean recording of audio-visual or visual only footage of the telecast of the Player Auction from the designated auction area at the venue of the Player Auction.
iv “Repeat Footage” shall mean repeat telecast of Fresh Footage.
2. The use of all Footage by a News Broadcaster is limited to use for news purposes forming part of scheduled news bulletins on the channel of a News Broadcaster only and the Footage may not be used for any commercial purpose whatsoever including as ‘stand-alone’ programs or as part of any sponsored programs, magazine programs, cricket related programs, and sports related programs.
3. News Broadcasters cannot use the Footage, permitted as per these Guidelines, to make their own compilation or mix the Footage with footage from other events including previous IPL Player Auctions, other sporting events and footage from cricket matches whether involving the players participating in the Players’ Auction or otherwise. The Footage must be used “as is” without alterations or modifications and subject only to editing to meet time constraints for news bulletins.
4. After twenty four (24) hours from the completion of the Player Auction, News Broadcasters may use archival clips of the Footage up to a maximum of two (2) minutes per day for news purposes by way of scheduled news bulletins only till the next DLF IPL player auction.
5. Courtesy bugs acknowledging the DLF IPL and the Official Broadcaster will be displayed by News Broadcasters throughout the use of Footage on-air by News Broadcasters. The logos of the DLF IPL and the Official Broadcaster should be seen "as is" or referred to with due prominence. If either of the logos is covered by the News Broadcaster's logo or overlays, there must be a source credit or a courtesy line extended at the bottom of the screen displayed in the same font size as the News Broadcaster’s own logo or overlay.
6. News Broadcasters must carry the name of the league and the logo, viz., DLF IPL in all their broadcast mentions.
7. News Broadcasters are permitted to display the Footage on their website as part of the linear and simultaneous feed of their news broadcast only if such news broadcast is carried on their official website. In no other circumstances are News Broadcasters permitted to display live, deferred or archived audio visual Footage of the Player Auction on their website or via their account on a third-party video-upload site such as YouTube, DailyMotion, etc.
8. The DLF IPL and/or the Official Broadcaster retain all rights to take appropriate action for any violations of these Guidelines. It is clarified that nothing contained in these Guidelines shall limit the rights of the DLF IPL or the Official Broadcaster to exercise remedies available under law for violations of these Guidelines.
9. If any News Broadcaster wishes to use additional footage (more Footage than as permitted by the Guidelines) as part of scheduled news bulletins, such News Broadcaster may do so under a license from Official Broadcaster on such terms as may be mutually agreed with the Official Broadcaster.
Enforcement of Guidelines
The DLF IPL and/or the Official Broadcaster retains and, to the extent required, is hereby granted by the relevant copyright owner governed by these Guidelines, the rights to enforce compliance by News Broadcasters and associated and unassociated third parties with these Guidelines (whether by means of anti-infringement actions, legal proceedings or otherwise) and with the copyright law in force. In all such cases, the News Broadcasters governed by these Guidelines will not undertake any act to obstruct, nullify or obviate the rights of the DLF IPL under this provision.
