Topic: Cable television and copyright

owners: an issue
History
Television was first introduced in India in 1959 and only government
run broadcaster Doordarshan began broadcasting . There were
only a few hours for which doordarshan broadcasts the shows on
Sundays . The unforgettable series ‘Ramayan’ (also known as
Ramanand Sagar's Ramayan) is an Indian Hindi-language epic
television series based on ancient Indian Sanskrit Epic Ramayana.
The show was created, written, and directed by Ramanand Sagar.
In India, the series was originally broadcast on DD National from 25
January 1987 to 31 July 1988 with widespread viewership of 82% ,
highest viewership in the world.People used to close their shops on
sundays and bath religiously before sitting before their TVs and
showed agarbatti and diyas to the televisions as they had that kind
of faith in gods and goddesses . Another popular mythological
series ‘Mahabharat’ directed by BR Chopra was also aired during
those times .
Then came the era of cable television in 1992 which
changed the throne of Doordarshan . In the early days of television,
signals were transmitted through antennas, providing a handful of
channels to viewers. The introduction of cable TV in the 1990s
aimed to enhance reception and expand the number of available
channels by delivering signals through coaxial cables or fibre optic
cables. This technological advancement paved the way for a new
era in television broadcasting.Now we can watch innumerable TV
shows,news, sports , movies etc. Viewers are no longer restricted
to the specific timings of the shows as there were during the
Doordarshan times.

Local and Global connectivity

Cable television not only expanded the variety of content but also
facilitated local and global connectivity. Local cable networks
enabled communities to have their own channels, promoting local
news, events, and cultural programming. Simultaneously, the global
reach of cable TV allowed for the transmission of international
news, sports events, and entertainment, fostering a sense of
interconnectedness and cultural exchange on a global scale.

Challenges and Evolution

Despite its success, cable television has faced challenges in recent
years, primarily due to the rise of digital streaming platforms. The
advent of on-demand streaming services, such as Netflix, and
Amazon Prime Video, has revolutionised the way people consume
content. Viewers now have the flexibility to watch their favourite
shows and movies anytime, anywhere, leading to a decline in
traditional cable subscriptions.

Copyright Issue
India has been facing the copyright issue since times immemorial.
We have the Copyright Act of 1957 which provides us guidelines
about what is copyright and when and how a suit can be filed for the
infringement of copyright .

Legal Provisions involved:

Section 2(f) “cinematograph film” means any work of visual

recording and includes a sound recording accompanying such
visual recording and “cinematograph” shall be construed as
including any work produced by any process analogous to
cinematography including video films;

Section 13 Works in which copyright subsists.— (1) Subject to the

provisions of this section and the other provisions of this Act,
copyright shall subsist throughout India in the following classes of
works, that is to say,— (a) original literary, dramatic, musical and
artistic
works; (b)
cinematograph films; and (c)
sound recording
Section 17. First owner of copyright.— Subject to the provisions of
this Act, the author of a work shall be the first owner of the copyright
therein: Provided that—

(b) subject to the provisions of clause (a), in the case of a

photograph taken, or a painting or portrait drawn, or an engraving or
a cinematograph film made, for valuable consideration at the
instance of any person, such person shall, in the absence of any
agreement to the contrary, be the first owner of the copyright
therein

Section 51. When copyright infringed.— Copyright in a work shall

be deemed to be
infringed— (b) when any
person— (ii)
distributes either for the purpose of trade or to such an extent as to
affect prejudicially the owner of the copyright any
infringing copies of the
work

Due to direct competition from digital streaming platforms the cable

operators are facing huge loss of revenues due to which they are
wrongfully being driven to resort to illegal practices as follows:

• Rebroadcasting and Copyright Infringement

Cable operators transmit a wide variety of channels to viewers

including movies, TV shows etc. Rebroadcasting these
channels raises concerns about copyright infringement as
cable companies are essentially transmitting content without
prior permission of the copyright owners.

• Licensing Agreements

Cable companies enter into various licensing agreements

with content creators to legally broadcast their content .
These agreements outline the terms, conditions, and fees
associated with the use of the copyrighted material.
 Issues may arise when there are disputes over the terms of
these agreements, including the fees, compensation and
scope of content covered . Subscribers of cable operators
want their subscriptions at a cheaper rate than on OTTs ,
that’s why these cable operators are forced to negotiate with
the copyright owners at a lower rate due to which they
become unable to provide as much large variety of channels
to viewers as there are on OTTs and to as much range of
viewers as there is demand .

• Lack of reach and no proper digital platform

OTT platforms are spread worldwide and they do have a

proper mechanism and sites. A person can access the shows
anytime, anywhere through his mobile . On the other hand
cable television is accessible only through a TV set which
is not possible for everyone to sit in front of it in this
supersonic moving world which is a major drawback in cable
TV systems . Moreover due lack of proper digital platform
cable systems are limited to a local level and people can’t
access the shows globally which is again a major drawback of
cable TV system.

CASE LAWS

• Star India Private Ltd. v. Leo Burnett (India) Private Ltd. &
Ors. (2003): The question of whether cable operators that
broadcast television channels without permission were liable
for copyright infringement was the subject of this case.The
Court held that cable operators who re-transmit television
signals without authorization from the copyright owner were
liable for infringement.
 • ESPN Software India Pvt. Ltd. & Ors. v. Tudu Enterprise &
Ors. (2012): In this case, the Court held that cable operators
who distribute signals of sports channels without authorization
are infringing on the copyrights of the broadcasters.

• Multi-Screen Media Pvt. Ltd. & Anr. v. Sunita Sharma &

Anr. (2014): The Court held that cable operators who use
pirated set-top boxes to distribute television channels are
liable for copyright infringement.

• In Re: TV Today Network Limited and Ors. v. M/S The New

Delhi Television Limited and Ors. (2016): This case dealt
with the issue of whether the practice of ‘content scraping’ by
television channels was a violation of copyright. The Court
held that the unauthorised use of content by television
channels amounted to copyright infringement.

• Music Broadcast Private Limited v. Super Cassette

Industries Limited (2011) – In this case, the plaintiff, Music
Broadcast Private Limited, sued the defendant, Super
Cassette Industries Limited, for copyright infringement for
broadcasting its copyrighted music without authorization The
Delhi High Court made a decision in the plaintiff’s favour and
granted an injunction restraining the defendant from
broadcasting the plaintiff’s music without authorization.

Conclusion:
In conclusion, cable television is a significant part of the media
landscape in India. However, many cable TV operators are engaging
in copyright infringement. The government has taken several
measures to address this issue, including the introduction of the DAS
system. While these measures have helped to reduce the incidence
of copyright infringement, there is still a long way to go in terms of
protecting the rights of content creators and broadcasters.
Cable television and copyright protection are two important topics
that have long been up for discussion in India. However, the lack of
effective copyright protection has led to rampant piracy and
unauthorised broadcasting of copyrighted content on cable
networks.The Indian government has made a number of measures
to solve this issue, including the Introduction of the Cable Television
Networks (Regulation) Act, which requires cable operators to Obtain
licences and Follow certain regulations regarding the content they
broadcast. Additionally, the government has implemented
Digitalization of cable networks to prevent piracy and unauthorised
broadcasting of content.
However, there are still challenges in enforcing copyright protection
on cable television in India, and to properly address this issue, better
legal frameworks and enforcement measures are required.
In conclusion, while cable television has been an important mode of
entertainment in India, copyright protection is essential to ensure the
rights of content creators are protected. The Indian government has
taken several steps to address this issue, but there is still a need for
further efforts to strengthen the legal framework and enforcement
mechanisms to effectively protect copyright in the cable television
industry.

References
• The Indian Copyright Act, 1957
• Copyright Law in India by A book by Feroz Ali.
• TRAI (Telecom Regulatory Authority of India)
• Association of Cable Operators of India (ACOI)
• The Cable Television Networks (Amendment) Rules, 2021
• Cable Television Networks (Regulation) Act, 1995 — The Centre
for Internet and Society.