SPORTS & ENTERTAINMENT.

Background

Sports Laws

Sports law is one of those fields of law which are considered as applied law. It is a practical law and is concerned with how law in interacts with the activity known as sports, physical education etc. There are no specific laws related to sport in India but the same is covered under the various branches of laws which are applicable in India which are laws related to Contract, Media, Administrative, Public Competition, Drafting and Negotiation, tort, taxation, labour, TV rights, trademark, match fixing and related criminal laws etc.

Gaming Laws

In India online gaming is not prohibited, online gaming is allowed in most of the states in India but some of the states has prohibited online gambling (example – teen patti, rummy, poker etc.) Even though gambling is not illegal, a distinction between skill-based games and games based on pure chance is made. State Governments and their legislators have made poker, rummy, e-sports, and fantasy sports legal. Some of the reasons why these games are legal are because they are based on a player's skills, and they are also easily taxed.

Various courts in India have examined the difference between the game of skill and game of chance and in order to determine what constitutes gaming as defined in various state enactments (i.e. gambling); it is imperative to understand the difference between a "game of skill" and a "game of chance". The states of Sikkim and Nagaland are the only states to have adopted specific legislation that permits and regulates online gambling, namely the: Sikkim Online Gaming (Regulation) Act 2008 (“Sikkim Gambling Law”) was passed on June 28, 2008, with the dual objects of controlling and regulating online gaming through electronic or non-electronic formats, and imposing a tax on such games in the State of Sikkim.

Entertainment Laws

The Indian film industry is the second-largest film industry in the world, and has seen rapid growth after opening of the Indian markets to the world and is now making its presence felt globally. By opening up of the market and relaxing the entry for foreign investors and players, several segments of the entertainment industry have seen a lot of advancements. These circumstances have led to rapid changes in the face and working style of the industry. The industry is now also well-known for cutting-edge digitization and special effects, power-packed performances, cinematography, dance, songs, music and digitization in other sections too.

Legal Issues in these sector

SPORTS

Sports Injury - Matter related to Liabalities, claim & compensation, risk assessment, insurance, general agreements, No Objection certificate for adventure sport.

Contract in Sport - Breach of contract between employee, players and association.

Harassment in sports – Harassment of players, gender biasness, fair play, racial, gender, and caste harassment.

Labour issues – negotiation for fair working hours, wages and working condition between players and club owners/association.

Drug Use - Drug is one of the biggest problem in sports sector. Right to appeal before the concerned authority. Drug testing and inquiry on drugs.

Tort Law – Defamation for sports person having a reputation at any level (Local, national or international)

Broadcasting Rights – Contract breach, Non-disclosure agreement breach. match fixing, sale of rights have been raising controversy.

Entertainment

  • Absence of a proper chain of documentation leading to a big problem of this sector.
  • Lack of proper contract between production house and actors.
  • Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962
  • Breach of copyright, patent of sound, script, music etc
  • Breach of contract between actors and production houses.
  • Labour issues related to fair working hours, wages.
  • Racial, gender and caste harassment at workplace and in industry.

    • Gaming

  • Games banned by state authorities.
  • Problems faced during money transaction between the parties.
  • Copyright, patent, trademark issues related to games software, sounds, music & logo
  • Breach of user license agreement.
  • Breach of trade secret between IT company and game developers.

    • Laws related to these sectors

    SPORTS

    There are no specific laws related to sport in India but the same is covered under the various branches of laws which are applicable in India which are laws related to Contract, Media, Administrative, Public Competition, Drafting and Negotiation, tort, taxation, labour, TV rights, trademark, match fixing and related criminal laws etc.

    ENTERTAINMENT

    • The copyright Act, 1957
    • The Trade Marks Act, 1999
    • Cable Television Network (Regulation) Act 1994
    • Policy Guidelines for Uplinking of Television Channels from India, Downlinking of Television Channels from India
    • Telecommunications (Broadcasting and Cable Services) Interconnection Regulations.

    GAMES

    The Public Gambling Act, 1867 is the general law governing gambling in India. The Indian laws and the Courts in India have been looking to any game of chance and probability, except in States of Goa and Sikkim. The states of Sikkim and Nagaland are the only states to have adopted specific legislation that permits and regulates online gambling, namely the: Sikkim Online Gaming (Regulation) Act 2008 (“Sikkim Gambling Law”) was passed on June 28, 2008.

    Our Services

    SPORTS

    • We handle contract disputes, regulatory cases, and intellectual property issues(including trade mark oppositions and infringement actions)
    • Mediation services between sports person and sports authority for a quick and relatively inexpensive route to settling disputes.
    • Advising and representing athletes and others who are subject to actual or potential anti-doping violations.
    • Advising and assisting clients on and conducting anti-doping investigations.
    • Drafting anti-doping policy and procedures for sporting bodies and authorities that comply with local, national and international standards.
    • We deal in employment & labour issues respect of sports employment contracts and terms, sports agent contracts, sports league rules, restraint of trade, transfers, salary caps, termination, grievance procedures and redundancies.

    ENTERTAINMENT

    • Assisting and advising our clients on Entertainment taxes.
    • Advising on all tax matter related to this sector (Income tax, Service tax etc.)
    • Advising clients for the development of content & copyright works, like books, films, plays, scripts etc. format licensing and also specific use of copyrights.
    • Assisting our clients on applications to register copyright, trademark, patent and licenses related to all forms of intellectual property.
    • Advisory on Digital Rights Management and license agreement.
    • Website checks to detect online piracy and detecting infringing torrent websites.
    • Legal notice to Internet Service Providers to block infringing content and Court proceedings on ground anti-piracy services.
    • IP due diligence, Sending legal notices on behalf of client, Court proceedings for infringement of rights and Intellectual property.

    GAMING

    • Assisting our clients for registration of copyright, trademark, patent to secure their rights in new age branding strategies involving colours, shapes and sounds, music etc.
    • Drafting various agreements and licenses related to online gaming.
    • Representing clients before various authorities if there is any legal discrepancy.
    • Sending legal notices on behalf of client, Court proceedings for infringement of rights and Intellectual property.
    • Dealing in breach of any contract between parties.
    • Advising clients on their website terms and conditions, community guidelines, payments mechanisms, privacy policy.
    • Designing of user interface from a legal perspective for running of business without any hurdles.