India

Human Resources Ministry Stakeholders Meeting Notes

Thursday, 11 April 2013

The Human Resources Ministry (which manages India’s WIPO participation) held a “Stakeholders’ Meeting” on March 21, 2013 to consult on India’s position for the upcoming meetings. CASBAA’s India representative and a few members of India’s broadcasting industry attended. They strongly advocated for India to abandon its insistence on excluding the internet from the treaty.

Here are a few of the points they made:

Given the rapid development and increasing maturity of India’s broadcasting industry, it is becoming a serious competitor in global entertainment markets. But to make this happen, its intellectual property must be protected.

The government needs to take cognizance of this, and work actively to advance India’s real interests, by pressing forward on a treaty to provide global protection to broadcasting organizations.

It is ridiculous to contemplate a treaty that does not include internet broadcasting. The internet is an essential tool for broadcasters in today’s world, and it is also the source of the lion’s share of copyright infringement. Developing-country broadcasters are trying to use the internet to reach out to consumers around the world. And of course this includes Indian broadcasters. Here in Asia, developing-country broadcasters distributing their channels by means of the internet come from China, India, Indonesia, Malaysia, and the Philippines, to name a few.

Download note on India's HRD Ministry Meeting on Protection of Broadcasting Organizations' Rights At WIPO, March 21, 2013, New Delhi here

   

New Indian Copyright Law Includes Obligations, and some Benefits, for Broadcasters

Monday, 28 May 2012

Both Houses of India’s Parliament have passed the Copyright Amendment Bill 2010, which will be finally enacted when “notified” by the government.   The bill includes several provisions relevant to the broadcasting industry, including requiring broadcasters to pay royalties to owners of copyright each time their works (e.g. music) are broadcast.  The bill also allows television broadcasters to use statutory licenses (with government-fixed rates) to license music and sound recordings.  (Some music rights holders had demanded exorbitant rates in the past, or denied broadcast rights.)  Notably, proposals to allow parallel imports of copyright works were deleted from the bill before passage.   A short summary of the bill’s provisions can be found here.

   

Indian Government: TV Platforms Must Respect Intellectual Property

Saturday, 03 January 2009

Following representations by CASBAA and other industry organizations, the Indian Ministry of Information and Broadcasting (MIB) recently issued a public statement clarifying the absolute necessity for TV distribution platforms to obtain the authorization of content owners/broadcasters before distributing their channels. The specific matter of the MIB’s ruling concerned “new media” platforms such as IPTV. The Ministry underlined that such platforms must respect Rule 6(3) of the Cable Television Networks Rules 1994, which requires that MSOs and cable operators must have licenses from copyright owners in order to distribute their content.

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