A. The ‘LaLiga Santander’ (hereinafter, the “League”) is the men’s top professional football division of the Spanish football league system organised under the auspices of the Liga Nacional de Fútbol Profesional (“LaLiga”), a sporting association established in accordance with the laws of Spain.
B. As per the Term Sheet dated 18th June 2021, Viacom18 Media Private Limited (the “Official Broadcaster”) is the League’s exclusive television broadcast partner for the broadcasting of the Licensed Rights for the Republic of India (the “Territory”) for the 2021/2022 season, which is scheduled to take place between 13th August 2021 and until the end of season 2021/22 (the “Season”) (hereinafter, the “Agreement”).
C. These LaLiga Santander 2021 News Access Rules (the “Rules”) govern the use of Match Content (as defined below) by bona fide news broadcasters registered under the category of “News and Current Affairs” channels under the “Downlinking Guidelines”, subject to the Applicable laws of the Territory, issued by the Ministry of Information and Broadcasting, Government of India (each a “News Broadcaster”) and shall apply to all News Broadcasters in the Territory. Other channels which are not News Broadcasters (in particular sports channels or sports news/programmes on sports channels) are not permitted to use any Match Content.
D. Except to the extent and in the manner permitted under these Rules, no other use of any Match Content is permitted by any News Broadcaster.
E. Any use of Match Content in the Territory beyond the scope permitted under these Rules and the Applicable Laws, if not under a prior bilateral agreement between the relevant News Broadcaster and the Official Broadcaster, will be treated as a violation of the Rules and the News Broadcaster shall be subject to legal action brought directly against it by the Official Broadcaster for such overuse.
A. Capitalised terms used in these Rules, unless otherwise defined elsewhere within the Rules, shall have the meanings given to them below:
(i) “Applicable Laws” means any applicable local, national or international law, statute, regulation or decree of any governmental or regulatory authority from time to time in force;
(ii) “LaLiga” shall have the meaning ascribed to it under Rule 1 A;
(iii) “League” shall have the meaning ascribed to it under Rule 1 A;
(iv) “League Marks” means all proprietary marks and logos owned and or licensed by LaLiga in relation to the League such as the League logo(s), the League names, the League mascot(s), the League trophy and the League slogan;
(v) “Live Match Content” shall mean live audio-visual or visual-only Match Content of the Match, including the period from the kickoff to the final whistle of the Match and shall extend from the pre-match lineups until the end of the post-match on pitch coverage;
(vi) “Match” means each football match comprising the Season that is broadcast on the Official Channels by the Official Broadcaster;
(vii) “Match Content” means all audio, visual and audio visual material and recorded audio, visual and audio visual material, in either case relating to the Match (including, without limitation, all in-stadia events, ceremonies and any interview with any player or others included in the broadcast coverage of the Match from the pre-Match lineups to the end of the post-Match on-pitch coverage as well as any pre-Match, half-time, or post-Match entertainment);
(viii) “Monitoring Agency” means the monitoring agency appointed by the Official Broadcaster to monitor coverage of the Season and use of Match Content by News Broadcasters;
(ix) “News Broadcaster” shall have the meaning ascribed to it under Rule 1 C;
(x) “News Day” is defined as the time period starting from the commencement of the Match concerned and concluding after twenty-four (24) hours thereof;
(xi) “Official Broadcaster” shall have the meaning ascribed to it under Rule 1 B;
(xii) “Official Channels” shall mean the television channels owned and operated by the Official Broadcaster that broadcast the Matches during the Season;
(xiii) “Other News Programme(s)” shall mean any programme broadcast by a News Broadcaster which is not a Regular News Programme and is restricted to reporting results (and not analysis) of current news and current affairs of regional, national and/or international importance and shall include any sports news segment as part of such programme, provided that the reporting of sports news in such Other News Programmes is restricted to reporting results (and not analysis) of current sports events and affairs;
(xiv) “Regular News Programme(s)” shall mean a News Broadcaster’s regular scheduled news bulletins, segments or bulletins which are part of pre-existing news programming formats (and not produced or designed for or broadcast solely during, a Match), and contain and are restricted to reporting results (and not analysis) of current news and current affairs of regional, national and/or international importance and shall include any sports news segment as part of such scheduled news bulletins, provided that the reporting of sports news in such programmes is restricted to reporting results (and not analysis) of current sports events and affairs. Any such sports news (reporting results of but not analysing current sports events and affairs) will be treated as a ‘sports news segment’ of the News Programme in which the Match Content may be broadcast;
(xv) “Rules” shall have the meaning ascribed to it under Rule 1 C; and
(xvi) “Season” shall have the meaning ascribed to it under Rule 1 B.
Subject to sole and full compliance by the News Broadcaster of the Applicable Laws and regulations of the Territory and the provision set out hereinafter:
A. A News Broadcaster may broadcast a maximum of sixty (60) seconds of Match Content per Match and a maximum of ninety (90) seconds of Match Content in total per News Day during its Regular News Programmes and Other News Programmes.
B. The broadcast of any Match Content may be repeated during a News Day provided always that the total number of broadcasts of such Match Content is restricted to a maximum of two (2) exhibitions per hour of broadcasting. Any permitted repeats under this Rule 3 D shall not count towards the maximum total set out in Rule 3 A.
C. The use by a News Broadcaster of Live Match Content is not permitted at any time under any circumstances. Match Content may only be exhibited with a minimum of at least thirty (30) minutes delay following the broadcast of any Live Match Content by the Official Broadcaster before any extract of such Match Content is used by the News Broadcaster. However, News Broadcasters are permitted to interrupt Regular News Programmes and/or Other News Programmes to broadcast Match Content using the caption “Breaking News” or such equivalent, only for a period not exceeding fifteen (15) seconds and for no more than one (1) exhibition of Match Content within thirty (30) minutes following the broadcast of such Live Match Content by the Official Broadcaster, to report the achievement of an important personal milestone by a footballer (for example, a hat-trick of goals being scored or a player breaking a League goal-scoring record) or other exceptional events that may occur during the Match. For the avoidance of doubt, any such exceptional use shall count towards the maximum limits of usage of MAtch set under Rules 3 A and 3 B above.
NOTE: For the avoidance of doubt, a single goal being, unless it completes a hat-trick of goals by the football in the Match or completes a very significant career milestone by the footballer, does not constitute an important personal milestone for these purposes and the scoring of a single goal is not in itself an exceptional event occurring during the Match. Accordingly, a News Broadcaster is not permitted to briefly interrupt Regular News Programmes and/or Other News Programmes to use Match Content to report such an event or other similar events.
D. All Match Content must be used “as is”, without alterations or modifications, subject only to editing to meet time constraints for news bulletins, and shall be used within twenty four (24) hours of the completion of the Match to which it relates. It is expressly clarified that News Broadcasters are not permitted to use Match Content after the expiry of a News Day.
E. Match Content may only be used in Regular News Programmes or Other News Programmes for news reporting of the results of a Match and not for the purpose of analysis (including by way of review or comments by experts, ex-footballers, anchors, analysts or presenters).
F. News Broadcasters are not permitted to use any Match Content to make their own compilation or ‘mix’ the Match Content with Match Content from other television events, sports events, documentaries, interviews, etc.
G. The Official Broadcaster has the exclusive rights from LaLiga to produce and broadcast, inter alia, studio-based programmes in relation to the League. It is clarified that under no circumstance shall any content from such programmes either be considered as ‘Match Content’ under these Rules or used by a News Broadcaster in any manner whatsoever.
4. ADVERTISING AND COMMERCIAL ACTIVITY
A. A News Broadcaster shall not carry any advertising, sting, logo, graphic and/or any other commercial activity (including on a ticker) whatsoever immediately before, immediately after, or during the broadcast of Match Content (or any clip thereof) in a Regular News Programme or Other News Programme and no association shall be created, suggested or implied between the use of Match Content and any third party brand or product. By way of illustration only, a News Broadcaster shall not use Match Content as part of a Regular News Programme or Other News Programme which promotes a third party brand or product by way of side screens, interview backdrops, by the programme anchors or any other form of logo or product placement activity.
B. No Match Content shall be broadcast within a Regular News Programme or Other News Programme that shows any advertisement, including on a ticker:
(i) which advertisement has been solicited by or from any third party to be put on air specifically during any such Regular News Programme or Other News Programme which reports news about the League; or
(ii) for which advertisement a special premium has been paid by a third party to the News Broadcaster to broadcast such advertisement during such Regular News Programme or Other News Programme which reports news about the League.
C. Regular News Programmes or Other News Programmes that use Match Content are not permitted to have a ‘title’ or other sponsor and no advertisement may be used or repeated in the regular advertising breaks during the Regular News Programme or Other News Programme in such a manner as to create, suggest or imply an association between the advertiser and the Match Content or the League.
D. News Broadcasters shall not carry any advertising, sting, logo, graphic or any other commercial activity, including on a ticker, immediately before, immediately after or during any ‘player-of-the-day’, ‘goal-of-the-day’, ‘save-of-the-day’ or similar feature relating to the Match or the League.
E. In the event that Match Content is used in an Other News Programme, in addition to the restrictions set out in Rules 4 A to 4 D above, no advertising, sting, logo, graphic or any other commercial activity (including on a ticker) shall be carried immediately before, immediately after or during such Other News Programme making use of Match Content.
F. Commercialisation of sports news segments that use Match Content and form a part of a Regular News Programme or Other News Programmes in any manner, including by way of sponsorships and insertions of advertisements (including on a ticker) while reporting on the Match as part of the News Programme or Other News Programme shall not be permitted and shall be considered a violation of the Rules.
G. In addition to the restrictions set out in Rules 4 A to 4 F above (as applicable), there shall be no advertising, sting, logo, graphic or any other commercial activity (including on a ticker) carried immediately before, immediately after or during a sports news segment that uses Match Content and forms part of a Regular News Programme or Other News Programme, and no association may be created between such sports news segment, the Match Content or the Match and any third party brand or product.
H. Provided that a News Broadcaster complies in full with the other restrictions applicable to the use of Match Content as set out in these Rules, a News Broadcaster may, in respect of a Regular News Programme within which Match Content is broadcast, carry advertisements in the regular course, through normal advertising breaks or tickers usual in programming of news channels.
A. News Broadcasters are permitted to stream live simulcasts of Regular News Programmes and Other News Programmes containing Match Content, provided that the content being streamed is the exact replica of the news channel containing the Regular News Programme or Other News Programme carried on the News Broadcaster’s news channel, broadcast simultaneously with its television news broadcast and such simulcasting is customarily provided by the channel for all content that it broadcasts in the ordinary course.
B. Other than as permitted under Rule 5 A, a News Broadcaster shall not broadcast Match Content, whether as part of any news bulletin or otherwise, on its own official website and/or official mobile application, or as part of any video-on-demand service and shall not under any circumstances broadcast Match Content via its official account or otherwise on a third-party video-upload/ or streaming platform or third party social media platform such as YouTube, Facebook, Twitter, Daily Motion, Instagram, etc.
A. Courtesy bugs acknowledging the Official Channel and LaLiga must be pasted by a News Broadcaster, with due prominence, throughout the broadcast of any Match Content in any Regular News Programme or Other News Programme.
B. News Broadcasters must use the correct name of the League (being ‘LaLiga Santander’) and the League logo in any and all broadcasts in which the League is mentioned or referred to, whether or not including the broadcast of any Match Content. For the avoidance of doubt, there should not be any direct commercial association created, suggested or implied between any third party brand or product and any of the League Marks.
C. In the event that the official League or Official Channel logo should be covered by the logo of the News Broadcaster or obscured from view in any respect, the News Broadcaster must include a courtesy line extended at the bottom of, or elsewhere, on the screen.
A. The Official Broadcaster retains the right to monitor and enforce compliance by News Broadcasters and associated and unassociated third parties with these Rules (whether by means of anti-infringement actions, legal proceedings or otherwise,). In all such cases the relevant News Broadcaster shall not undertake any act to obstruct, nullify or obviate the rights of the Official Broadcaster granted hereunder.
B. Usage by News Broadcasters of Match Content in connection with the Match shall be monitored by a designated Monitoring Agency on behalf of the Official Broadcaster and the Official Broadcaster expressly reserves all of its legal rights and remedies against News Broadcasters in respect of any and all breaches or violations of these Rules.
C. Nothing in these Rules shall limit the rights of the Official Broadcaster to exercise remedies available under Applicable Laws against any News Broadcasters for breaches of these Rules, the Applicable Laws and/or the Official Broadcaster’s right to damages, an account of profits or other equitable relief (including injunctive relief) as a result of any the above-mentioned News Broadcasters’ breaches.