Tag: Copyright

  • India TV wins case against Yash Raj Films for ‘fair use’ of “Kajra Re’ etc on news shows

    By Ananya Saha

     

    In an ongoing legal dispute between India TV and Yash Raj Films, the Division Bench of Delhi High Court consisting of Justice Pradeep Nandrajog and Justice Manmohan Singh has delivered a breakthrough judgment in favour of India TV. The honourable court has held that small amount of usage of songs in a programme by India TV does not amount to ‘copyright infringement’.

     

    The Delhi High court was dealing with a dispute involving India TV and Yashraj Films. The High Court has said that use of five words of the song ‘Kajrare’, ‘Mera chain vain sab ujda’ in a promo for a consumer affairs program telecast on India TV and singing a portion of the song ‘Salaam Namaste’ in a one-hour programme ‘India Beats’ of India TV by Vasundhara Das whose life was being reviewed, amounts to ‘fair use’, as the same is de minimis, that is, very little usage compared to the whole programme.

     

    India TV MD & CEO Ritu Dhawan said, “The ruling itself is a victory for the channel and media houses alike, and places their right of ‘fair use’ at the forefront.”

     

    Prathiba Singh, intellectual property lawyer appearing for India TV, said, “The court has protected the rights of artists and creators on one hand and news channels on the other. The court has held that if every form of usage of even small bits is infringement, then creativity would be stifled.”

     

  • The Anchor: Tarun Goyal on 4 things that should change in the radio industry today

    By Tarun Goyal

     

    1. Radio must have full-fledged news:

    Radio should be allowed to air news freely. By allowing the private radio stations to air news limited to only AIR is not sufficient, radio is a local medium, it must be given a free hand to broadcast news.

     

    2. Copyright issue must be resolved:

    The Government of India must make the copyright policy clear. The government should come out with a formula on revenue share basis as this will change the way the dynamics of the industry. We are sharing 4 per cent of the revenue with the government ofIndia, so why can’t we share the revenues with the music companies? I believe this model can solve most problems facing the radio industry today especially in programming.

     

    3. Government must be more supportive:

    The government should be more supportive in formatting their policies for radio because the government spending on radio is not sufficient enough for the growth of the industry.

     

    4. AROI should be more assertive

    Although the AROI is functioning well, the change I would like to see is that AROI should pursue be more assertive in meeting the needs of the radio industry. The AROI must function more aggressively and the government should also take the body seriously as AROI is a body which was formed by the radio broadcasters.

     

    Mr Tarun Goyal is the Founder, Director of Radio Chaska