The Ministry of Human Resource Development has recently come up with certain modifications in the existing Copyright Act, 1957 (the Act) that are likely to affect the interests of the broadcasters adversely. The proposed amendments have the broadcasters asking the Ministry to not undertake any amendment without consultation with their representative body- the News Broadcasters Association (NBA). The association is formed by representatives of 14 leading news broadcasters.

The amendment relates to doing away with the fair use exception under Section 52(1)0(b)(ii), which allows the broadcasters to use the literary, dramatic, musical, or artistic works for the purpose of reporting current events. In case, the exception is removed, the broadcasters would have to pay royalty each time they use such works for news reporting or in any cinematograph film or any show aired on television. Even news broadcasters will need to pay similar amounts or use of clippings or telecast of old recorded shows or matches. At present the music companies, copyright societies and producers demand anything between Rs 75,000 and Rs 1,00,000 per song for usage up to 2-3 minutes. But, when TV channels or radio stations do not use the original sound track of the songs or music and employ their own orchestra commonly called ‘version recordings’, it is considered ‘fair use’ under Section 52 of the Act and no fee is charged. It is feared by the broadcasting fraternity that it would make the music companies demand steep royalties from them for each song used by the channels in programmes or even sung in reality shows, which could touch Rs.1.5 lakh per song. This would not be feasible for every broadcaster, tilting the balance in favour of music companies. It would also impact the quality of the programmes aired by TV channels and radio stations, they maintain.

Objections to the amendment were also raised by the Indian broadcasting Foundation, while the representation to the Ministry is sent by NBA. The Ministry of Information and Broadcasting is reported to have forwarded its observations on the revision, again without deliberating with the broadcasters. This move has been questioned, being a departure from the current norms and practice.

The news broadcasters’ met with the HRD Ministry and demanded that no such amendment be carried out in the original Act that takes away the well established protection of fair use from them, especially for reporting of current events. This exemption is recognised as the basic foundation of broadcast reproduction rights, assisting in dissemination of information and communication across to the users. It was, as averred by the broadcasters’ community, a reflection of freedom of speech and expression flowing from the fundamental right. The NBA has expressed that this celebrated exception to fair use of material cannot be done away with to the prejudice of the broadcasters. Moreover, there is no provision for redressal devised in the current scheme of amendment, in case the music companies charged hefty amounts from the broadcasters. They have raised special alarm on a new proposed provision, Section 33A, which would allow the aggrieved party to seek relief from the Copyright Board, but would also stipulate that while the appeal is pending, the complainant would have to pay up the amount demanded by music companies/copyright societies. Since appeals often take 4-5 years to be settled, the filed would be skewed against the broadcasters.

In the similar vein, the stakeholders have demanded that a single-window regulator be set up for the music sector, the interests of artists and lyricists be protected, copyright societies be made to operate in a transparent manner and broadcasters protected under the Broadcast Treaty which is being framed by WIPO.

Further, there is imploration for statutory licensing provisions and settlement of tariff related issues to ensure that broadcasters are not made to run around and are not left to the whims and fancies of the copyright owners or societies.