TELEVISION LICENSINGBy

Dr. Kalyan Kankanalakalyan@bananaip.com

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