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Media & Entertainment

We assist clients in the Media & Entertainment industry on various legal aspects including intellectual property rights especially relating to copyright, media & entertainment contracts, licensing, production, post-production, distribution, regulatory issues, transactions and due diligence. We also provide our services to clients in the multimedia industry and advice on various aspects of Information Technology law, software licensing and contracts, publishing, print media. Media & Entertainment law encompasses various fields including Intellectual Property Law, Corporate Law, Information Technology, Broadcasting and Telecommunications.

Trends:

  • Need for documentation & awareness of Intellectual Property
  • Losing inhibitions to approach the court to protect IPR and contractual rights
  • New monetization streams owing to technology & advent of New Media
  • Role of the industry associations in standardizing the industry norms

Major Players in india:

  • Leading production houses: Yash Raj Films, Viacom18, UTV Motion Pictures, Dharma Productions, Reliance Entertainment
  • Leading television channels houses: Viacom18, Star TV, Sony, Reliance Broadcasting, Bennett Coleman & Co. Ltd., Sahara

IMPORTANT LAWS AFFECTING MEDIA & ENTERTAINMENT SECTOR
The Copyright Act, 1957

  • Recognizes the copyright in relation to original literary, dramatic, musical and artistic work for a specified duration; and cinematograph films and sound recording
  • Provides exceptions to protection such as ‘fair use’ and ‘compulsory license’
  • Provides protection from unauthorized copying / use of copyrighted works and for remedies in case of infringement of copyright

The Trade Marks Act, 1999

  • Provides protection to names, titles, word, letter, graphic artwork, shape of products, words and combination of colors
  • Provides for remedies in case of infringement of trade mark

Cable Television Network (Regulation) Act, 1994

  • Regulates functioning of cable operators by requiring mandatory registration subject to fulfillment of certain conditions
  • Program and Advertising Code under the Cable Television Network Rules, 1994 regulates content of any program or advertisement transmitted through cable television

Policy Guidelines for Uplinking of Television Channels from India

  • Regulates the business of uplinking of television channels from India by requiring the applicant to avail an uplinking license
  • Prescribes minimum requirements for availing the license
  • Violation of the Guidelines may lead to penalties including revocation of the license

Ministry of Information and Broadcasting

  • It is a nodal agency responsible for formulation and implementation of polices, framework, laws and regulations concerning broadcasting, information, films and press industry in India
  • Some of the functions are – development of broadcasting and television, development and promotion of the film industry, sanctioning of film for public exhibition and administration of the Cinematograph Act, 1952

Telecom Regulatory Authority of India (TRAI)

  • Regulates, among other things, tariffs payable by subscribers of television channels and service providers in broadcasting sector
  • Functions are diverse – recommendatory (in respect of licensing), mandatory (fixation of tariffs) and judicial (disputes arising under Regulations between parties or against TRAI, heard by the Telecom Disputes Settlement and Appellate Tribunal)

Central Board of Film Certification (CBFC or Censor Board)

  • Examines films (Indian and foreign) to determine whether a film is fit for public display. If found fit, then a certificate of exhibition is provided
  • All films, film songs, film promos, film trailers, music videos, music albums and their promos, whether produced in India or abroad, need to be certified by the CBFC as suitable for unrestricted public exhibition in India prior to its telecast on television.

With our interdisciplinary expertise in Media and Entertainment Law, we, at Agnihotri & Jha Associates | Solicitors & IP Attorneys offer end to end legal services ranging from Copyright protection, legal advisory, agreement drafting and ratification, negotiation & deal closing, anti-piracy enforcements among other in media related matters, which can be indicatively elaborated vide the below list:

Agreement Drafting and Vetting:
Our team has keen understanding of the commercial relationships in the industry and ensure that all our clients rights are protected from all angles. We draft comprehensive and conclusive agreements inter alia on:

  • Co-production agreements
  • Broadcasting contract
  • Film rights agreement
  • Songwriter agreement
  • Artist agreement
  • Digital Marketing agreement
  • Distribution agreement
  • Synchronization agreement
  • Talent release agreement
  • Vendor agreements
  • Recording agreement
  • Trademark and copyright license agreement amongst others

Anti Piracy enforcement services:
Piracy is one of the rampant issues faced by the entertainment industry today. The media and entertainment industry suffers huge losses from substantial amount of online and on ground piracy. We understand these concerns and provide both online and on ground anti piracy enforcement services by –

  • Anti piracy due diligence,

Online anti piracy services –

  • Advisory on Digital Rights Management
  • Website checks to detect online piracy
  • Detecting infringing torrent websites

We advise and assist clients in the Media & Entertainment industry on various legal aspects including intellectual property rights especially relating to copyright, media & entertainment contracts, licensing, production, post-production, distribution, regulatory issues, transactions and due diligence.

Along with that, we also provide our services to clients in the multimedia industry and advice on various aspects of Information Technology law, software licensing and contracts, publishing, print media. ​

Other Services