Tag Archives: Broadcasting

Copyright

IPAB to Fix Statutory Licensing Rate for Radio Royalties after 10 Years

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In a significant development, the IPAB has passed an interim order maintaining status quo of the royalty rate for radio broadcasts under statutory licensing. This was followed by a Public Notice seeking suggestions from stakeholders with regard to the fixing of royalty rates by IPAB. Background Section 31D of the Copyright Act, 1957, which was added by the Copyright (Amendment) Act, 2012, empowers the Appellate Board to fix royalty rates for performances or radio or television broadcasts of literary and…


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Copyright Others

A Look at the WTO Panel Report in ‘Saudi Arabia- Measures Concerning the Protection of Intellectual Property Rights’

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Photo of Jay Manoj Sanklecha

Football fans may be aware of the joint statement last year by various sports bodies including Fifa, LaLiga, Premier League, and others, against the Saudi Arabia based beoutQ broadcaster for their unauthorized streaming of content on a commercial scale, as well as their (i.e., the copyright holders) inability to obtain legal counsel in Saudi Arabia in this matter, among other issues. In the meanwhile, Qatar had taken this matter to the WTO, and on 16th June 2020, the WTO Panel…


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Competition Law

Star India and Sony in Troubled Waters over CCI Order

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[Warning: Long post follows!] The CCI, in a recent order dated 27th July, 2018, passed under Section 26(1) of the Competition Act, 2002 (“the Act”), instructed the Director General to investigate claims of price discrimination made by the Informant, Noida Software Technology Park Limited (“NSTPL”) against Star India Pvt. Ltd. (“Star India”), Sony Pictures Network India Pvt. Ltd. (“Sony”) and Indian Broadcasting Foundation (“IBF”). Factual Overview NSTPL is a distributor of TV content and it uses the new Head-end in…


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Copyright

Letter to Government On “Internet” Broadcasts and Compulsory Licensing

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Rahul had earlier blogged on a problematic memo by the DIPP (Department of Industrial Policy and Promotion), wherein it interpreted Section 31D of the Copyright Act to include “internet” broadcasts as well. I believe this is clearly outside the constitutional competence of the DIPP and have requested the DIPP (through the letter below) to withdraw the memo. I also reflect on the recent trend of IP law making in the country, done with considerable opacity and flouting well established canons…


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Copyright

Statutory Licensing Scheme under Copyright Act Made Applicable to Online Broadcasting

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In a significant development, the Department of Industrial Policy and Promotion (DIPP) issued an office memorandum (OM) earlier this week, bringing online broadcasting within the purview of the Copyright Act. To understand the full import of this development, it would be instructive to examine how broadcasting organizations are legally permitted to communicate a work to the public. Section 31D, added to the Copyright Act by the 2012 Amendment, allows any broadcasting organization that is desirous of communicating a work to…


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Copyright

Is Prasar Bharati having the cake and eating it too: Star Sports v. Prasar Bharati (Supreme Court)

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(This post has been co-authored with Prashant Reddy) The Supreme Court ruled that broadcasters broadcasting sporting events of national importance must provide ‘clean’ feeds to Prasar Bharati. The issue in this case revolved around interpreting Section 3 of the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007 (“Act”) and Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Rules, 2007 (“Rules”). The purpose of the Act is to ensure access to a larger audience of listeners/viewers of sporting events…


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Copyright

WIPO’s SCCR 30 in review: Rights without Ownership, and Diplomatic Blockades

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The 30th session of the Standing Committee on Copyright and Related Rights of the WIPO took place in Geneva, from June 29th to July 3rd. The multi-stakeholder event had a very widespread and fascinating agenda, including discussions on the Broadcasting Treaty, Limitations and Exceptions (‘L&E’) for libraries and archives, and L&E for educational and research institutions and for persons with other disabilities. This post notes and comments on the same. Broadcasting Treaty: Biased Panels and Rights without Ownership One of…


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