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Television Licensing

Television Licensing

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Published by Sandeep M. Hegde

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Published by: Sandeep M. Hegde on Sep 07, 2012
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05/13/2014

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TELEVISION LICENSING

By

Dr. Kalyan Kankanala
kalyan@brainleague.com www.brainleague.com Personal website: www.kalyankankanala.com

Sense of License

“Fair is Foul- Foul is Fair”

LICENSING
 Recitals  Definitions  Grant

 Royalty
 Term  Confidentiality and IP  Warranties and Representations

 Indemnity and Liability

RECITALS
 Background  Purpose of agreement  Prior transaction

DEFINITIONS
 Important Terms  Consistently Used  Clarity  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

GRANT
 Parties  Works being granted  Type of License  Rights  Territory  Medium  Term  Restrictions  Sub-licensing  Future works

TYPES OF TELEVISIONS
PLATFORMS Pay TV Free-To-Air Local Cable TV VOD (S/I/T) Pay Per View MODE OF DELIVERY Satellite, Terrestrial, Cable, IPTV Satellite, Terrestrial, Cable, IPTV Cable Satellite, Cable, DTH, Internet, IPTV Satellite, Cable, DTH, Internet, IPTV

Internet
Mobile

Websites, YouTube, Meta Café, other A/V platforms
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

TERM
 Agreement Term  Grant Term  Holdback

 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 LICENSE
 Literary 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

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