Tag Archives: Broadcasting Law

Copyright

Madras HC: No Right to Demand Mandatory Sharing of Sports Broadcasts Over the Internet

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The Madras High Court, in its judgement in Adithya Modi v Union of India and Ors., has refused to mandate Prasar Bharati to stream sports broadcasts shared under the Sports Broadcasting Signals (Mandatory Sharing With Prasar Bharati) Act, 2007 (“Sports Broadcasts Act”) over the internet. Instead, the Court has ‘directed’ the respondents (Ministry of Information, Ministry of Sports and Prasar Bharati) to consider the matter and make appropriate policy recommendations. Background and the Saga of Sports Broadcasting in India The…


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Copyright

Broadcasting, Internet and Section 31D of the Copyright Act

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We’re pleased to bring to you an insightful guest post by Jagdish Sagar, an independent lawyer practicing largely in the field of copyright and entertainment law in Delhi, on the (in)applicability of the statutory licensing scheme under Section 31D of the Copyright Act to internet broadcasting. Mr. Sagar was formerly a partner at Anand and Anand till 2011. Prior to that he was a civil servant till 2004. During his service with the Central Government he served as the Joint…


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Copyright

Supreme Court on TRAI’s Regulatory Powers (Part 2)

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In my previous post, I had discussed the first issue that was discussed in Star India v DIPP, regarding the regulation of content by the impugned provisions. In this post, I will discuss the second issue concerning TRAI’s power to regulate content in light of potential conflicts with the Copyright Act, and discuss some relevant observations made by the court. Issue 2: Does TRAI have the power to regulate content? The determination of TRAI’s power to regulate content rested on…


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Supreme Court on TRAI’s Regulatory Powers (Part 1)

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In this belated two-part post, I will try to unpack a judgment of the Supreme Court (available here) from October 2017, on the scope of TRAI’s regulatory power with respect to broadcasting services. It reached the Supreme Court in appeal after the Madras High Court dismissed the writ petition in a split decision. This case was about an unsuccessful challenge to the validity of certain provisions in the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order 2017 (‘Tariff…


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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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