Tanya Verma
In contemporary times, with the intangible creations of the human intellect taking upsurge, it is pertinent that the same is rightly protected. A set of legislations in countries around the world are centered to deal with their protection. Thus, without any manifested or palpable arbitrariness, the Intellectual Property Rights take over a germane role in the legal world. This article, in an attempt to shed light on one of the most coveted issues involving copyright, pertains to three broad aspects. First, it lays a premise while delving into the nitty-gritties of copyright issues pertaining to live streaming and broadcasting in India. The concept emerged in India with cricket and hence, is not a novel development in the Intellectual Property regime. However, with the evolution of society and widening of its utilities, the issue has become grave. Though India in its recent ranking has witnessed a slight surge in its overall IP score from 38.4 to 38.6, the country is still ranked 43 out of 55 on the Intellectual Property Index – which brings us to the stringency of the existing legislation and the second contention of this essay. The protection of fundamental rights, including the right to free speech and expression, in a commensurate fashion, depends on the existing laws. Finally, when we speak of the legislation and the public welfare, it is all rendered moot if there is a lack of a redressal mechanism, with which this paper deals, whilst touching upon the country’s stance on lack of specialized IP courts.
