The television broadcasting industry is learnt to have moved the government with its concern over the proposed amendments to the Copyright Act, and also the unilateral way in which it is being processed.
Tinkering of the ‘fair use’ clause in the Act is one of the primary objections of the broadcasters.Also, broadcasters want the government to consult them on the amendment issue.
Broadcasters are making their representation to the information and broadcasting (I&B) ministry, against the amendment proposed by the human resource development (HRD) ministry.
Although the Copyright Act falls under the ambit of the HRD ministry, it deeply influences the media and broadcasting industry, that is administered by the I&B ministry.
The planned amendments to the Copyright Act would have an adverse impact on the TV broadcasting industry in India, according to sources. The amendment would only help a couple of music companies, at the cost of producers, artists and lyricists, they said.
When contacted, Indian Broadcasting Foundation (IBF) president Jawahar Goel said, “We are extremely disappointed to notethat the HRD ministry has nothad any consultations with the affected media industries on the proposed changes.”
This is a departure from the current norms and practice, he added. The secrecy involved in trying to amend some of the provisions of the Copyright Act is rather surprising, according to the IBF president.
According to the broadcasting fraternity, news channels, which enjoy Constitutional protection in respect of free speech and expression, are likely to be most severely hurt by any tinkering with the ‘fair use’ provisions of the Copyright Act.
At present, music companies, copyright societies and producers demand anything between Rs 75,000 and Rs 1 lakh per song for 2-3 minute usage. But, when TV channels orradio stations do not use the original sound track of the songs or music, and employ their own orchestra commonly called ‘versionrecordings’, it is considered as ‘fair use’ under Section 52 of theCopyright Act. In the case of ‘fair use’, either no royalty, or a nominal fee, is charged.
Broadcasters have argued that“if the concept of ‘fair use’ is tinkered with, the revenue of these industries would be deeply affected”. It would also impact the qualityof the programmes aired by TV channels and radio stations, they have maintained.
Broadcasters are also raising the demand for a regulator with respect to copyright works.
Also, they are asking for statutory licensing provisions in order to ensure that broadcasters are not made to run around and are not left to the whims and fancies of the copyright owners/ copyright societies. The need for a full-time copyright board is being stressed as well for handling licensing and tariff related issues.
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