copyright: television licensing- a presentation by dr. kalyan - bananaip
TRANSCRIPT
TELEVISION LICENSINGBy
Dr. Kalyan [email protected]
www.bananaip.comPersonal website: www.kalyankankanala.com
Sense of License
“Fair is Foul- Foul is Fair”
LICENSINGR
ecitalsD
efinitionsG
rantR
oyaltyT
erm C
onfidentiality and IPW
arranties and RepresentationsI
ndemnity and Liability
RECITALS
Background
Purpose of agreement
Prior transaction
DEFINITIONSI
mportant TermsC
onsistently UsedC
larity
Example
"Licensed Recording" shall mean a gramophone disc record magnetic tape record (whether reel to reel, endless loop, in cassette or cartridge form or otherwise howsoever) or any other contrivance or appliance whatever bearing or used for emitting sounds known today or developed in the future.
GRANT
Do you need a license?
•Ideas/Themes/Concepts
•Fair Use
•Facts
•Works in Public domain
GRANTP
artiesW
orks being grantedT
ype of LicenseR
ights T
erritoryM
ediumT
ermR
estrictionsS
ub-licensingF
uture works
TYPES OF TELEVISIONSPLATFORMS MODE OF DELIVERYPay TV Satellite, Terrestrial, Cable, IPTVFree-To-Air Satellite, Terrestrial, Cable, IPTVLocal Cable TV CableVOD (S/I/T) Satellite, Cable, DTH, Internet, IPTVPay Per View Satellite, Cable, DTH, Internet, IPTVInternet Websites, YouTube, Meta Café, other
A/V platformsMobile Mobile TV, through telecom operators
GRANT EXAMPLE
Licensor hereby grants to the Licensee a non-exclusive license to use the Sound Recording within the territory of India on television for a period of two years.
PROBLEM?
ROYALTY
Types
• Lumpsum• Fixed• Running
Mode of payment
Time of payment
Accounts
TERMA
greement TermG
rant TermH
oldback
Example:
• ... The Licensor hereby grants a perpetual license ... to the Licensee.• This agreement shall be valid for a period of two years.
PROBLEM?
CONFIDENTIALITY AND IP
Breach of Confidence
IP Ownership and Rights
Third Party IP
Example: X has an idea for a TV program and approaches your channel. You listen to him but do not think he can produce the program. You therefore decide to go ahead on your own by taking only the concept without implementing the specifics of X's idea.
PROBLEM?
WARRANTY, LIABILITY AND INDEMNITY
IP Ownership
Third Party liability
Make good the loss
INDEMNITY
Example
Licensor hereby agrees to indemnify and hold the Licensee harmless from and against any direct losses arising out of the Licensee's bonafide use of the Licensed Works.
PROBLEM?
STATUTORY LICENSEL
iterary or Musical works
Sound Recording
Communication to public - Broadcast
Performance
What can you do?
BASIC TIPS
Prepare for the deal
Strategy and Planning
Negotiation
Draft cleverly
Thank You.
For more info: www.sinapseblog.com
IP Books: www.kalyankankanala.com