What's happening to screenings of cricket matches: Are cafés breaking the law?

As the much-anticipated ICC Men's T20 World Cup finals came to a close on Sunday with India’s historic win, the entire country erupted in celebration. India became the first country to win the tournament on home ground and successfully defend its title in ICC Men's T20 World Cup championship.

Sunday afternoon witnessed a classic case of “Indian cricket fever” with every lane coming alive as enthusiastic fans gathered for packed screenings in cafés, restaurants, and public spaces. Many of these cafés and bars were, in fact, charging hefty entry fees for such screenings. What was surprising to notice was that some of these establishments seemed to simply project an individual subscription on a big screen and mint money off the same.

This made me wonder: How are matches being broadcast to such large crowds?

When we purchase a subscription to an OTT platform, for example that of JioStar, the same is intended only for private and individual viewership. Our subscription is linked to our personal account and is meant to allow us to watch the content broadcast therein in a private setting such as our home.

This raises an important question: Are cafés and restaurants violating the law when they broadcast the same content on large screens for customers?

A closer analysis of the law reveals that the issue is not as straightforward as it may seem.

Broadcasting live sports events where customers are present, that is, in a commercial setting is considered to be a “public performance”. Under the Copyright Act, 1957 ("CA"), any unauthorized screening of copyrighted content for commercial purposes constitutes an breach of intellectual property rights. Accordingly, under Section 51 of the CA, broadcasting copyrighted content without the consent of the rights holder amounts to infringement.

Further, Section 37 of the CA recognizes the “broadcast reproduction right”. This right grants broadcasters the exclusive authority to control how their broadcasts are reproduced, retransmitted, or communicated to the public.

In simple terms, once a broadcaster, for example, JioStar acquires the rights to transmit an event such as a cricket match, it has the legal power to regulate how that broadcast is further used.

Major sporting events like the ICC Men's T20 World Cup are typically licensed to specific broadcasters or streaming platforms for significant sums of money. These entities then recover their investments through subscriptions, advertising revenue, and commercial licensing arrangements.

The license granted when an individual subscribes to an OTT platform is generally limited to personal and non-commercial viewing. However, when a café or restaurant streams the match on a large screen for customers using such a subscription, the content is being communicated to the public rather than consumed privately.

From a legal standpoint, this distinction is crucial.

Displaying a broadcast in a commercial establishment may require a separate commercial license from the broadcaster or rights holder. Without such permission, the screening could potentially amount to infringement of the broadcaster’s rights under copyright law as discussed above.

This is precisely why many sports broadcasters offer commercial subscription packages specifically designed for public venues such as bars, pubs, and restaurants. These licenses permit establishments to legally screen matches for patrons while ensuring that the broadcaster’s rights are protected.

In 2019- the ICC had itself invited applications for public screenings of the Cricket World Cup through its official online portal.

What is the approach in other countries?

In the United States, federal law allows sports promoters to claim statutory damages when bars or restaurants show pay-per-view events without authorization. Several lawsuits involving boxing and UFC events have resulted in significant penalties for establishments that illegally streamed fights without purchasing a commercial license. Courts have awarded damages running into tens of thousands of dollars, creating a strong deterrent against such practices.

In Australia, broadcasters and rights holders actively monitor venues that screen sporting events. Enforcement agencies and investigators often conduct venue-to-venue inspections during major tournaments. In some cases, pubs displaying matches without the appropriate commercial license have been issued legal notices or settlement demands.

In the United Kingdom, a "pint glass marking system" is used wherein a small glass mark is placed in bottom of a screen if it is a legitimate commercial screening. A similar enforcement approach could be useful in India.

Moreover, similar concerns have also previously arisen in India regarding unauthorized public screenings of sporting events. In 2014, the Delhi High Court restrained several cafés, restaurants, and eateries from publicly screening matches of the ICC Men's T20 World Cup without obtaining the necessary commercial licences. The Court recognized that the exclusive broadcasting and public communication rights for the tournament were held by Star India. Accordingly, establishments that screened the matches for customers- particularly where such screenings were linked to commercial gain were required to obtain prior authorization from the rights holder. 

Thus, periodic venue inspections, court intervention, clear licensing mechanisms, and visible signage for authorized screenings should be adopted by India to distinguish lawful public broadcasts from infringing ones.

As broadcasting ecosystems become increasingly complex with the rise of OTT platforms, ensuring compliance with licensing norms becomes even more important. Protecting broadcasters’ rights while allowing fans to collectively enjoy sporting events requires a balanced regulatory and enforcement framework.

Every step in that direction counts.