“From Boundaries To Broadcasting Rights” - The Fascinating World Of Intellectual Property In Cricket
Author: LawSphereX
Category: Intellectual Property
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“FROM BOUNDARIES TO BROADCASTING RIGHTS”: THE
FASCINATING WORLD OF INTELLECTUAL PROPERTY IN
CRICKET
A Angel Jannet, BCA.LLB (Hons.), The Tamil Nadu Dr. Ambedkar Law University
ABSTRACT:
Cricket, a sport that stirs the hearts of millions and ignites passionate rivalries, might appear on the surface to be a simple contest of bat and ball. However, beneath the thrill of sixes and the agony of wickets lost, lies a complex web of intellectual property (IP) that safeguards innovation, creativity, and brand identity. This article delves into the fascinating world of IP in cricket, exploring how patents, trademarks, copyrights, trade secrets, designs, and even geographical indications play a crucial role in the sport's ecosystem. From the groundbreaking inventions like glowing stumps to the iconic logos of teams like the Chennai Super Kings, this article seeks to unravel how IP protects not just the game itself, but also the thriving businesses and fan culture that surround it.
Unpacking the legal framework that underpins the modern game of cricket, it also explores the ongoing debate surrounding the copyrightability of signature moves like MS Dhoni's "helicopter shot. " So, whether you're a die-hard cricket fan or simply curious about the intersection of sports and law, this article promises a fascinating read.
HOWZAT!!??!!- A GLIMPSE INTO IP PROTECTION IN CRICKET
Hockey might be the national sport, but cricket is the one that truly stirs the hearts of Indians. It is the second most-watched sport in the world and perhaps the most popular in India. The IPL season is a highly anticipated annual event that is celebrated as a sacred festival with great enthusiasm and fervor across India. With the advent of technological inventions and the evolution of creative apprehension, the scope of intellectual property has crept its way into the sport of cricket. Surprisingly, different aspects of intellectual property can be specifically identified and protected for each component of this sport. This is a testimony to the fact that cricket is not just a game of bat and ball but circumscribes numerous neighboring elements that are granted protection exclusively for intellectual labor, creativity, and invention.
Some of them include the names of teams, logos, broadcasting rights, and equipment specifications. 1 To share a glimpse of this vision, the "Smart Cricket Bat" [ Patent Invention Name: Improved Sports Bat, Patent Registration Number: WO2011110806A1 WIPO(PCT) ]2 invented by Ali Ehsan and Faqir Yousaf is a prime example of how technology can be integrated into a traditional sport to enhance efficiency and performance. This smart cricket bat incorporates a range of sensors, including accelerometers, gyroscopes, and pressure sensors, to track bat speed, detect impact, generate personalized feedback based on player’s performance data, provide recommendations on bat weight, grip, and swing technique, identify areas of improvement, and also optimizes technique.
Intellectual Property Protection is also observed in the trademark acronyms of BCCI and ICC, as well as in the IPL team names such as Chennai Super Kings(including the signature cheer “whistle podu”) and Mumbai Indians. The ICC and national cricket boards, like the BCCI, hold the ownership and management rights to a substantial portion of cricket's intellectual property. They license this property to various entities, including broadcasters, merchandise companies, and sponsors, generating substantial revenue that supports the development and growth of the sport.
PATENTS IN CRICKET:
Cricket might be a sport with just a bat and a ball, but there are plenty of inventions owing to 1Filipe Raul Savou, How much IP(Intellectual Property) is there in cricket?, Linkedin (Sep.16,2024, 10:06 PM), https://www.linkedin.com/pulse/how-much-ip-intellectual-property-cricket-gagandeep-singh/. 2 Patents.google.com, https://patents.google.com/patent/US20220314086A1/en (last visited on Sep.18,2024)
the adaptability and evolution of the game.
1. Glowing Stumps
Invented by Bronte Eckermann of Australia, this invention was approved by ICC in
2013 and used for the first time in the 2015 World Cup. The invention was named
“System for indicating movement of an article from one position or orientation to another position or orientation” and is popularly known as zing bails or LED stumps. The system uses electrical circuitry and sensors to detect when bails are completely dislodged from stumps, triggering an immediate visual alert. This helps umpires make accurate decisions during run-out or stumping situations. 2. Composed Cricket Match (Patent No. 2822/MUM/2011): Imagine a cricket match where the boundaries are redrawn, the weather is altered, and the players are swapped. This fantasy has been made a reality by the invention of the Composed Cricket Match, a groundbreaking concept that blends real footage to create entirely new cricket narratives. It is a digital video production of a fictitious cricket match, created by composing clips from previously played matches.
It allows for endless possibilities, from dream match-ups like Brett Lee vs. Shubman Gill to hypothetical scenarios like South Africa winning the World Cup. This invention keeps the fans engaged with a constant stream of fresh content and sparks creativity, exploring innovative ways to enjoy the sport. 3. Cricket Pitch Innovation (Patent No. 1009/DEL/2003) The bouncer, a dangerous dilemma in cricket is a fast, short-pitched delivery that rises sharply off the pitch, often passing the batsman at shoulder or head height. This type of delivery, although bowled accidentally sometimes, is a common tactic used intentionally to intimidate the batsman and cause tension in the game, and poses a significant risk of physical injury to the batsman. The Laws of Cricket (Law 42(6)) state that "the bowling of fast short-pitched balls is dangerous and unfair.
" Umpires are authorized to intervene if they believe a bowler is deliberately targeting the batsman
with dangerous deliveries. 3 The Cricket Pitch Innovation invented by Lourens Steyn of Australia aims to prevent the injury caused due to the impact of a bouncer. The patented cricket pitch features a central no-ball zone defined by a bunker filled with a material that inhibits the bounce of the ball. Demarcation lines or the bunker's edges indicate the zone's boundaries and the bunker is typically filled with a loose granular material like sand. 4. Overcoming Geographical Challenges with Artificial Pitches Cricket is heavily influenced by geographical landscape, which limits its popularity in many regions. Promoting cricket in diverse climates presents a significant hurdle. Harsh conditions like snow or sand can make preparing quality pitches, crucial for a fair game, difficult. Additionally, some natural pitches are prone to deteriorating quickly, hindering the flow of the game.
Artificial pitches can be designed to offer consistent playing characteristics throughout a game, ensuring fairness for both batsmen and bowlers. By standardizing pitch conditions, artificial surfaces can minimize the "home advantage" sometimes seen in matches played on natural pitches. A couple of patented inventions that illustrate the progress in artificial cricket pitch technology:
Improved Grass Surface (GB2274997A): Michael Cannon's invention incorporates synthetic fibers into the grass root zone. This hybrid surface enhances wear resistance, drainage, and aeration compared to traditional grass pitches. • Semi-Artificial and Artificial Surfaces (GB2353224A): This patent by Bailey and Ellis describes surfaces made from sand and crimped fibers, or a combination of sand, fibers, and grass. These surfaces offer more consistent playing characteristics compared to conventional pitches. 4 By facilitating consistent playing conditions across diverse regions, these innovations could potentially broaden cricket's global appeal. 5. An improved cricket ball throwing machine – 1560/DEL/2003 This device is designed to accurately pitch a cricket ball at a predetermined speed, spin, 3 Allindianpatents, https://allindianpatents.
com/patents/217534-a-cricket-pitch (last visited Sep. 15 2024)
4 BananaIP, https://www.bananaip.com/cricket-pitch-patent/ (last visited Sep. 03,2024)
and direction. The inventor envisions this as a valuable tool that will offer cricketers a reliable and consistent way to practice batting. 6. A game simulator for a real-life cricket experience – 2921/MUM/2011
This innovative cricket simulator merges real-world bowlers with a virtual playing environment by featuring actual bowlers delivering their signature deliveries, providing realistic experience for cricket fans. 7. The Mongoose Bat: A Controversial Innovation The Mongoose bat was invented by Marcus Codrington in 2009. This unconventional bat features an elongated handle and a shortened blade, designed to address the limitations of traditional bats. Traditional bats have the sweet spot located at the point of maximum thickness. This means that hitting the ball outside the sweet spot can result in the ball edging towards fielders. The Mongoose bat, with its unique dimensions, aims to overcome this issue by creating a larger sweet spot and a lighter weight, while maintaining the hitting power of a traditional bat.
TRADEMARKS IN CRICKET:
Team logos, tournament names, and specific phrases serve as trademarks in the world of cricket. These elements are essential for building a brand identity and establishing brand recognition among the audience. The Indian Premier League (IPL) is a prime example of trademark usage in cricket. The league's logo, along with the logos of its individual teams, are valuable trademarks. These trademarks are licensed to various companies for advertising, marketing, and merchandising purposes, generating significant revenue for the IPL and its teams.
COPYRIGHT:
In the realm of cricket broadcasting and content creation, copyright is a cornerstone of protection. It safeguards the rights of broadcasters, photographers, and writers, ensuring their creative work isn’t used without authorization. For instance, during the Cricket World Cup, a broadcaster like Disney+Hotstar may hold exclusive rights to match highlights. This means other broadcasters need permission to share these highlights, and any modifications require the
original rights holder's consent. Similarly, writers and photographers capturing cricket-related content are protected by copyright. Essentially, copyright acts as a shield, preserving the rights of those involved in the dynamic world of cricket broadcasting and content creation.
1. Copyrightability of Cricket? Clean Bowled by the Delhi High Court5
Samir Kasal v. Prashant Mehta6 delves into the concept of copyrightability of cricket. The case involved a disagreement between the plaintiff who is a former manager of IPL teams like Rajasthan Royals and Deccan Chargers, and the defendants, who were potential investors in a new cricket league, who had collaborated on the concept of a new cricket league, the "Legends Premier League. " The plaintiff proposed to creat an International Cricket League with two teams composed of retired world-class cricketers, using the T20 format. The defendant agreed to keep this idea confidential but later used it to create his own league. The court ruled that the concept of a cricket league, even with a unique format, is not considered a "work" under the Indian copyright Act,1957. This aligns with European Union rulings titled Football Association Premier League v. QC Leisure7 and Karen Murphy v.
Media Protection Services Limited 8 (deals with the copyrightability of football)that have similarly held that sporting events cannot be copyrighted. The Court noted significant differences between the plaintiff's and defendants' tournaments, including their names, formats, and team numbers. These disparities indicated that the defendants did not intend to copy the plaintiff's concept. Even if the plaintiff had rights to his concept, the substantial differences would still preclude copyright infringement. The Supreme Court's ruling in R. G. Anand v. M/S Delux Films9 supports this conclusion which states that significant differences can negate the intention to copy, even if there are similarities. Ultimately, the Court concluded that the only similarity between the two tournaments was the game of cricket itself, which cannot be copyrighted.
Additionally, variations in the format of cricket, which can evolve, are not subject to copyright protection. 5 Ujjawal Bhargava, Copyrightability of cricket? Clean Bowled by the Delhi High Court, IPRMENTLAW (last visited Sep. 20,2024, 8:02 PM)https://iprmentlaw. com/2022/02/28/copyrightability-of-cricket-clean-bowled-bythe-delhi-high-court/ .
6 Samir Kamal v. Prashant Mehta & Ors, CS (COMM) 39/2022
7Football Association Premier League v. QC Leisure, [2008] EWHC 1411
8 Karen Murphy v. Media Protection Services Limited, [2007] EWHC 3091
9 R.G. Anand v. M/S Delux Films ,1978 AIR 1613; 1979 SCR (1) 218; 1978 SCC (4) 118
2. Fair Dealing and Copyright Infringement in Sports Clips: A Legal Analysis
The sharing of sports clips on social media has become a commonplace and the question that needs to be addressed is whether the uploading of old sports clips constitutes copyright infringement or can be protected under India's fair dealing exception. Copyright ownership of sports clips typically rests with the rights holders, such as the Board of Control for Cricket in India (BCCI) or the International Cricket Council (ICC). While these organizations may not actively monetize older clips, they still retain the copyright protection. Many sports clips are shared for non-commercial purposes and do not significantly impact the market for the original work, which weighs in favor of fair dealing. The added value comes from the curation, selection, and compilation of content, like highlighting a player's wickets or dismissals from various matches.
The skill and judgment used to edit these performances specifically for a particular match or series make the new work transformative and qualifies for copyright protection and can also be exempted from infringement via “fair dealing” under section 52 of the Indian Copyright Act,1957. CAN THE HELICOPTER SHOT BE GIVEN COPYRIGHT PROTECTION?
Each cricketer has a distinctive batting style. Over time, these unique shots become associated with them as their signature or 'trademark' moves like Dhoni's helicopter shot, Sachin's straight drive, and de Villiers' scoop shot. Can these shots be protected by intellectual property (IP) laws? If so, under which IP category? Here’s a breakdown of the issue: (a) Can these shots be protected under the “celebrity rights” of the cricketers? Signature poses and signature moves of celebrities, which are identified and associated solely with them, are afforded protection. For example, Michael Jackson's 'moonwalk' and Christiano Ronaldo's goal celebration movement called 'siuuu’. These body movements are considered as identifiable feature and the celebrities are entitled to protection.
The Indian judiciary has acknowledged that celebrities have the right to exclusively profit from their identity and characteristics. The Delhi High Court has ruled that this 'right to publicity' includes a person's name, personality traits, signature, voice, etc. , and can be acquired through association with events, sports, movies, or other endeavors. In Shivaji Rao Gaikwad v. Varsha
Productions10, actor Rajinikanth successfully sought an injunction against the unauthorized use of his name, image, caricature, and dialogue style in the film 'Main Hoon Rajinikanth. ' The court ruled that a celebrity's right to commercially exploit their identity can be infringed by unauthorized use. To establish a claim, a celebrity must demonstrate ownership of their identity and show that the unauthorized use directly evokes their persona. For widely recognized celebrities like Shah Rukh Khan, a simple comparison of the unauthorized use to their iconic features, such as his signature pose, can be enough to infer infringement. 11 But the question is, can this be applicable to a cricketing shot? The answer is both yes and no.
Arguments in favour of theories like John Locke's Labor Theory and Hegel's Personality Theory, suggests that the cricketer who develops the unique shot "owns" it due to the effort and creativity involved. While cricketers' signature shots are recognizable, they generally don't qualify for copyright or patent protection. Therefore, a cricketer is not at risk of infringement for using a similar shot, as demonstrated by Hardik Pandya's spin on the helicopter shot. However, exploiting the same in the name of advertisements to boost one’s market would open space for infringement suits. Many online and local businesses sell products like t-shirts, hoodies, and phone covers featuring images of popular celebrity poses and celebrations. This practice is widespread and often occurs without the celebrity's permission.
Such unauthorized use of intellectual property is a clear violation and requires legal regulation. There's a clear distinction between celebrity rights and playing styles. While celebrities have the right to protect their unique identities, playing styles enhance the game. Limiting others from using similar techniques hinders innovation and creates a monotonous playing environment. (b) Can it be categorised as a “Performer’s right”? The Copyright Act defines 'performance'12 as a visual or live act by individuals or groups. It also defines 'performer' to include acrobats and gymnasts, suggesting that sports can be
10 Mr. Shivaji Rao Gaikwad v M/S. Varsha Productions (2015) (62) PTC 351 (Mad)
11 Vikrant Rana, Sandhya Parimala and Vidyul Dayal, Celebrity Rights: Body Movements and Signature Poses as Trade Marks,S.S.Rana &Co.(last visited Sep.14 ,2024, 6:45 PM), https://ssrana.in/articles/celebrity-rights-bodymovements-signature-poses-trade-marks/#1.
12 The Copyright (Amendment) Act, 1992, , § 2(qq), No. 13, Acts of Parliament, 1992 (India).
considered performances. These athletes create a spectacle for viewers, and their unique playing styles and celebratory moves can be seen as choreographed expressions. Section 2(h) of the Act defines 'dramatic work' to include choreographic works. Several cases support the idea that these celebratory moves can be copyrighted as 'dramatic works. ' In Baltimore Orioles Inc. v. Major League Baseball Players Association13, the court rejected the argument that player performances lacked artistic merit for copyright protection, citing Gelles Widmer Company v. Milton Bradley Co. 14, which stated that only a minimal level of creativity is needed for copyright. The originality and choreography in celebratory moves make them potentially copyrightable as dramatic works.
15 Third parties often use images and sketches of cricketers imitating their signature moves to promote their products, falsely implying celebrity endorsement. This practice violates intellectual property rights. While some of these moves might be protected by trademark law, copyright protection would provide a more comprehensive solution. It's important to examine whether these unique sports celebrations qualify for copyright protection. Hence, we arrive at a conclusion that while a cricketer's unique celebratory moves can potentially be protected by copyright, their playing techniques themselves generally do not qualify for IP protection. This is because playing techniques are typically considered part of the general skill and knowledge of the sport, rather than original creations.
TRADE SECRETS:
Trade secrets in cricket can include confidential strategies and protocols used by teams to scout and develop young talent, such as the Mumbai Indians' approach, proprietary compounds in sports equipment or dietary supplements, and confidential data that cannot be easily replicated or reverse-engineered. They can also include details about new products, like cricket equipment, or new strategies, like game plans. For example, a company that makes cricket balls may have a secret formula for making a special ball that performs better. This formula is a trade secret, and the company keeps it secret to stay ahead of the competition. 13 Baltimore Orioles, Inc. v. Major League Baseball Players Ass'n, 805 F.2d 663 (7th Cir. 1986) (full-text), cert. denied, 480 U.S. 941 (1987).
14 GELLES-WIDMER COMPANY v. MILTON BRADLEY CO, 313 F.2d 143
15 Prateek Singh, Can unique sports celebrations be brought under copyright law?,The IP Express (last visited Sep.15,2024, 4:38 AM), https://www.theippress.com/2022/04/28/can-unique-sports-celebrations-be-broughtunder-copyright-law/ .
DESIGNS:
Designs refer to the aesthetic appearance of a product, including its shape, configuration, or pattern. In the cricketing world, designs can be applied to: • Sports equipment: Bats, helmets, gloves, and other gear can have unique designs that are protected by design law. • Team uniforms and merchandise: The visual appearance of team uniforms, logos, and merchandise can be protected by design law. Design protection safeguards the unique appearance of a product, preventing others from copying it, and builds brand recognition.
GEOGRAPHICAL INDICATIONS:
A geographical indication is a sign used to indicate that a product has a special origin and
possesses certain qualities or reputation due to that origin. An example of a geographical indication in cricket is the English Willow Bat, which refers to cricket bat made out of a specific species of willow tree called Salix alba var, grown specifically in England. This wood is known for its lightness and strength, making it ideal for cricket bats. The GI helps protect the reputation of English willow bats and ensures only high-quality bats made from this wood are sold under that name. An example closer to home is the Kashmir Willow bat, which is in the process of obtaining a geographical indication.
CONCLUSION:
Cricket, often perceived as a simple bat-and-ball game, encompasses an array intellectual property (IP). This article has explored various aspects of cricket through the lens of IP, highlighting its importance in protecting innovation, creativity, and brand identity. Patents safeguard inventions that enhance the sport, from glowing stumps to cricket ball-throwing machines and artificial pitches. Trademarks shield iconic team logos, tournament names, and signature cheers, generating substantial revenue through licensing and merchandising. Copyright protects the creative works of broadcasters, photographers, and writers who capture the magic of cricket. Trade secrets encompass confidential strategies and information providing teams with a competitive edge. Designs protect the aesthetics of equipment and merchandise,
fostering brand identity and preventing imitation. Geographical indications (GIs) ensure the quality and origin of specific products like English willow bats. Looking ahead, the legal perspective on IP in cricket is likely to evolve. As the sport's popularity grows, players, teams, and IP professionals might pursue further protection for unique techniques and innovations. By understanding and utilizing IP tools, all stakeholders in cricket can ensure the continued growth and prosperity of this beloved sport.
REFERENCES:
https://www.linkedin.com/pulse/how-much-ip-intellectual-property-cricketgagandeep-singh/ • https://patents.google.com/patent/US20220314086A1/en • https://allindianpatents.com/patents/217534-a-cricket-pitch • https://www.bananaip.com/cricket-pitch-patent/ • https://iprmentlaw.com/2022/02/28/copyrightability-of-cricket-clean-bowled-by-thedelhi-high-court/ • https://ssrana.in/articles/celebrity-rights-body-movements-signature-poses-trademarks/#1 • https://www.theippress.com/2022/04/28/can-unique-sports-celebrations-be-broughtunder-copyright-law/ • https://ipjagruti.com/2020/10/24/innovative-cricket-shots-an-intellectualproperties/#:~:text=Some%20of%20the%20IP%20Experts,any%20categories%20of %20the%20work