NEW DELHI: In a judgement that can have grave consequences, the Delhi High Court has held that use of a few words from a song or a few lines from a lyric does not amount to infringement of copyright.

Justice Pradeep Nandrajog and Justice Manmohan Singh said this amounts to "fair use" and is at the same time "de minimus", which means very little usage compared to the whole programme.

The judgement was delivered in a case filed by Yash Raj Films alleging infringement of copyright by India TV. Five words of the song ‘Kajrare, mera chain vain sab ujhda‘, had been used in a promo for a consumer affairs programme telecast on India TV, and Vasundhara Das had sung a portion of the song ‘Salaam Namaste‘ in an hour-long programme ‘India Beats‘ on India TV, where the singer?s life sketch was being shown.

India TV MD and CEO Ritu Dhawan said, ?The ruling itself is a victory for the channel and media houses alike and places their right of "Fair Use at the forefront.?

Senior counsel Prathiba Singh who appeared for India TV said: "The court has protected the rights of artistes and creators on the one hand and news channels on the other. The court has held that if every form of usage of even small bits is infringement then creativity would be stultified."

In a similar development, the high courts in Mumbai and Delhi have held that performance royalty is not payable on a mere broadcast of original sound recordings by FM radio broadcasters. Following these judgements, Reliance Broadcast obtained a legal opinion which backs the judgements and accordingly, has stopped paying performance royalties.

The judgements were delivered by the Bombay High Court in the case of Indian performing Right Society (IPRS) v/s Music Broadcast Private Ltd and by the Delhi High Court in the case of IPRS v/s Aditya Pandey. IPRS is a representative body of owners of music ? the composers, lyricists and the publishers of music and has been collecting royalties for commercial usage of music.

Reliance Broadcast, in its first quarter results statement, said it has not provided for Rs 34.66 million of performance royalty for the year ended 31 March 2012. It has also written back royalties paid in earlier years amounting to Rs 211.31 million.

Reliance Broadcast has gone a step ahead and filed declaratory suits in the high courts of Mumbai and Delhi and also applications for refund of performance royalty before the Copyright Board from the respective rights holders/copyright societies.

MUMBAI: The Disciplinary Committee of the Board of Control for Cricket in India (BCCI) has come down heavily on the five players accused of indulging in malpractices.

The committee comprising N. Srinivasan, Arun Jaitley and Niranjan Shah has decided to debar T Sudhindra from playing any form of cricket for life. He will also not be entitled to any benefits extended by the BCCI or hold any position in any cricket association affiliated to the BCCI.

The Committee held Sudhindra guilty of actually receiving a consideration to spot-fix in a domestic cricket match, and hence imposed exemplary penalty on him.

The committee also held Shalabh Srivastava guilty of agreeing to fix a match and negotiate terms for the same, even though no actual match-fixing or spot fixing took place. He has been debarred for a period of five years, from playing any cricket matches besides withdrawing any benefits that domestic cricketers are entitled to.

Furthermore, the committee has barred Mohnish Mishra, Amit Yadav and Abhinav Bali from playing any cricket matches for a period of one year.

The committee was of the view that the three players, through loose talk and unsubstantiated bragging, brought the game into disrepute, and hence, have been held guilty of the lesser offence.

The penalties will be effective from 15 May, the date of the suspension of the players.

The decision came after the committee‘s meeting to peruse the report of Ravi Sawani, the Commisioner of Inquiry. The Committee also accorded a personal hearing to T. Sudhindra, Abhinav Bali and Mohnish Mishra. Shalabh Srivastava and Amit Yadav pleaded their respective cases through teleconference.

Hindi news channel India TV had done a sting operation exposing corruption in the cash-rich IPL.

MUMBAI: India TV Group business head Amit Kumar has resigned from the organisation and will be joining BAG Films and Media Ltd.

Kumar?s exact designation at BAG Films could not be ascertained.

When contacted, Kumar confirmed that he resigned from India TV this evening. "The last four years at India TV have been very exciting and a great learning experience for me."

Kumar was Channel [V] VP sales before joining India TV as president-business development.

Kumar has over 20 years experience in the media industry, of which 10 years were in Star Movies, Star News, Star Vijay, Star World, and National Geographic, with responsibility for key regional and national portfolios.

Kumar began his career with The Times of India in 1991 and worked as senior officer, response. In 1995 he moved to Hinduja Group?s InNetwork Entertainment and worked for the CVO cable distribution network. He joined Star India in 1997 and worked with the group for over 10 years in various capacities.