Category: Over The Top Services

  • OTT originals growing significantly in regional languages: Sanjay Jaju at IDS 2024

    OTT originals growing significantly in regional languages: Sanjay Jaju at IDS 2024

    Mumbai: OTT platforms are growing significantly in various regional languages across India. Ministry of information and broadcasting, government of India secretary Sanjay Jaju indicated this in his keynote address at India Digital Summit (IDS) 2024, in Mumbai. He pointed out that there were over 60 OTT platforms in India out which 30 per cent OTT Originals were operating in regional languages. The number is expected to go up to 50 per cent this year.

    Jaju also said that the media and entertainment sector was a huge sector and played a pivotal role in the Indian economy. “It’s been growing phenomenally at a rate of 20 per cent and is approximately Rs 2 Lakh Crore. In that, the digital media segment is the second largest sub-segment, and has been showing a growth of approximately 30 per cent — around Rs. 60,000 Crores — and the film segment has a 25 per cent growth rate,” he said. Sharing data, he added that over 200 films were released on the digital platforms in the last year, including 75 films which were released directly on the digital platform without a theatrical release.

    Regarding the growth of the digital gaming industry, Jaju said, “The online gaming industry has been growing by 34 per cent and animation and VFX have close to around 30 percent growth rate, expected to become a $2 billion industry by 2025.”  

    Jaju also announced some new initiatives that the government is taking to provide a boost to the media and entertainment sector in India. These include the setting up of a National Centre of Excellence in Maharashtra to create world class media talent and an incentive scheme to attract international projects. He pointed out that, this would help the industry undertake a lot of co-production treaties with multiple countries and create a number of audiovisual co-productions.

    India Today Group CMO & COO Vivek Malhotra consumer revenue moderated the session.

    IDS 2024 is being organised by IAMAI in partnership with the ministry of electronics and information technology (MeitY), the ministry of information and broadcasting (MIB), the union ministry of tourism, UIDAI, Indian Cybercrime Coordination Centre (I4C), Government eMarketplace, in-space and skill India digital. The Summit is co-powered by Peak XV and WhistleFEED, and brought to you by META.

    Other IDS partners include Aaj Tak, Affle, Agrahyah Technologies, Air India Express, AiSensy, Albatross Media, Asianet News, Atmegame, Australia Trade & Investment Commission, Bharat BillPay, BillDesk, Builder.ai, Careers360, Chalo, Dataeye Asia, DigiBoxx, Ethinos, Fi Money, HERE India, indixital, Infinity Learn, Infobip, Interactive Avenues, ixigo, Jagran New Media, JOJO, Lionsgate, Liqvd Asia, MakeMyTrip, MapmyIndia, Markscan, Neokred, PhonePe, PhysicsWallah, PivotRoots – A Havas Company, Razorpay, Shiprocket, Sinch, Times Internet, Transport Corporation of India, True Balance, ValueFirst, and Zupee.

  • Niladri Kumar wins Sangeet Natak Academi Puraskar 2023

    Niladri Kumar wins Sangeet Natak Academi Puraskar 2023

    Mumbai: Indian music icon and sitar maestro Niladri Kumar has been named among winners of Sangeet Natak Academi Puraskar for the year 2023, by the Ministry of Culture and Sangeet Natak Akademi Puraskar. This is the highest national recognition given to stalwarts in the field of performing arts. Niladri Kumar had earlier won Ustad Bismillah Khan Yuva Puraskar by the Sangeet Natak Academi in 2007.

    “I am very grateful to Ministry of Culture and Sangeet Natak Akademi for honouring my journey in music, and I sincerely seek blessings for the path I yet have to travel. My greatest reward is to witness my music touch the hearts of listeners from all over the world, across all these years,” said Niladri Kumar.

    Born to sitar maestro, Kartick Kumar, a disciple of Ravi Shankar and Sangeet Natak Akademi Puraskar winner, Niladri Kumar first performed on Doordarshan at the tender age of seven. He has since been breaking barriers and setting trends in Indian music. Taking forward his father’s legacy, the maverick musician has been well recognised at national as well as global forums.

    An artist, who believes in walking with the times alongside staying true to his Indian roots, Niladri Kumar has featured in jazz-guitar legend John McLaughlin’s album Floating Point. He has also toured and played with giants of world music, including tabla maestro Ustad Zakir Hussain and jazz-rock bass virtuoso Jonas Hellborg. He has also composed music for hit Bollywood numbers such as Chup Ke from Bunty Aur Babli, Crazy Kiya Re from Dhoom 2 and Bheeegi Bheegi from Gangster. A great aspiration, Niladri Kumar is truly India’s pride.

  • Crunchyroll Anime Awards break records with 34 mn fan votes

    Crunchyroll Anime Awards break records with 34 mn fan votes

    Mumbai: The Crunchyroll Anime Awards is the leading yearly awards program celebrating fan-favorite anime series, characters, and creators across streaming, film, and music. Global anime fans cast more than 34 million votes this year (up from 18 million votes last year). Tune in to see a star-studded slate of global celebrity presenters along with exclusive performances celebrating fan-favorite and beloved anime series.

    Pre-show and live ceremony presenters (in alphabetical order):

    1    Aquaria – American fashion model, drag entertainer, and international DJ who was crowned the winner of RuPaul’s Drag Race Season 10. A passionate advocate for the LGBTQ+ community and a long-time anime enthusiast
    2    Che Lingo – British rapper and artist who regularly mixes genres within his music 
    3    Chiaki Kuriyama – Actress, singer, and model
      DeMarcus Lawrence – NFL Football player from the Dallas Cowboys
    5    Emiru – Professional streamer, variety player, cosplayer, and co-host of Steak & Eggs
      Iman Vellani – Award-winning actress (MS. MARVEL and THE MARVELS)
    7    Joaquim Dos Santos – Director, Spider-Man: Across the Spider-Verse
    8    Labrinth – GRAMMY-nominated Songwriter, Producer, and Recording Artist
      Lena Lemon – Content creator focused on anime, cosplay, and gaming
    10    LiSA – Japanese singer-songwriter who has performed hit anime theme songs
    11    Liza Soberano – Actress, advocate, and entrepreneur
    12    Megan Thee Stallion – Three-time GRAMMY-winning recording artist, philanthropist and entrepreneur
    13    Mercedes Varnado – WWE World Champion, actress, and entrepreneur
    14    Nava Rose – Fashion Creator
    15    Phil Lord & Chris Miller – Academy Award-winning duo behind Spider-Man: Across the Spider-Verse
    16    Porter Robinson – GRAMMY-nominated musician 
    17    Rashmika Mandanna – Indian film actor
    18    Roland – Japanese night club host, entrepreneur, and TV personality
    19    So Takei – Japanese TV personality, comedian, actor, and former Japanese decathlon champion
    20    Vinnie Hacker – Model, pro gamer, actor, and digital creator
    21    Yaeji – Artist, producer, vocalist, and DJ whose introspective, dance floor-ready tracks have made her a global icon
    22    Ylona Garcia – Singer born in the Philippines, raised in Australia

    Musical Performances by:

    1    Hiroyuki SAWANO (Attack on Titan; Solo Leveling) & KOHTA YAMAMOTO (Attack on Titan; The Seven Deadly Sins), performing the first-of-its-kind Anime Awards Theme Song in full for the first time

    2    Shing02, OMA, and SPIN MASTER A-1, performing Samurai Champloo’s opening song “battlecry” in commemoration of the show’s 20th anniversary – exclusive to livestream viewers

      Japanese pop duo YOASOBI, performing ahead of their set at Coachella

      Live orchestra, performing a unique live piece bringing together iconic songs from various series celebrating milestones

    Categories:

    1    Anime of the Year – This is the show that sets the standard for anime over the last year. Its compelling story, beautiful artistic execution, and unforgettable characters all combine in a unique way to create a masterpiece that deserves singular recognition. Whether the show was an unexpected hit, or delivered on fans’ high expectations, Anime of the Year embodies excellence.

      Best Action – This category rewards a show with action at its core. Featuring awe-inspiring scenes of heroes battling villains, life-threatening situations, or overcoming incredible odds, these anime get the pulse racing.

    3    Best Animation – Here we recognize anime that are visually stunning in the ways they bring their stories to life. No matter the style of animation, these shows put on a visual spectacle for viewers to enjoy, immersing audiences into previously unimaginable worlds.

    4    Best Anime Song – This category celebrates a song played during any part of an anime series, including the opening and ending sequences. Whether they make you move or move you, these are the songs that stay with you.

      Best Art Direction (New) – Art direction involves all things visual to create the look and feel of an anime. Color, design, and animation style are only some of the considerations, as the tiniest of details must be kept in mind so that a show feels like a cohesive and distinct work of art.

      Best Character Design – This category celebrates artists who have either created iconic anime characters or breathed life into one from other sources. A designer who comprehends the essence of character design weaves narratives through the strokes of their drawings.

    7    Best Cinematography (New) – Cinematography focuses on the composition of individual scenes, paying particular attention to the use of light and shadow, camera angles, depth of field, and scene transitions. When combined together, these elements convey an anime’s narrative without saying a word.

      Best Comedy – Whether it’s a surprising fresh perspective, or the witty exchanges could’ve come from a comedy mastermind, the humor in these shows make you laugh out loud and have your side hurting by the end.

      Best Continuing Series – Sustaining excellence is no small feat, particularly when it comes to anime. This category celebrates the shows that hook audiences with their absorbing storylines, compelling characters, and attention-grabbing artwork.

    10    Best Director – Here we celebrate how a great anime and a great director are almost inseparable. Of central importance, directors work behind the scenes, conveying their vision to animators, making critical decisions, and managing the creative aspects of production. The result? An approach that is uniquely theirs.

    11    Best Drama – These anime convey something essential about the human experience. Their mastery of building and relieving tension sets fans on the edge of their seats, feeling all their feelings, and compelling them to invest deeply in the characters and their stories.

    12    Best Ending Sequence – Similar to the opening, an unforgettable ending sequence pairs design and music to delight and surprise. Often a place where the art style can be taken in entirely new directions, a great ending sequence lets viewers catch their breath and enjoy small moments with a character.

    13    Best Fantasy – Best Fantasy is all about imagination, creativity, and a bit of magic. These shows don’t  just take us to other worlds, they craft deep, original universes full of mythical creatures where even the smallest detail is fueled by ideas that previously were unthought of.

    14    Best Film – A great film effortlessly captivates spectators from beginning to end. Here we celebrate non-episodic anime with runtimes longer than a standard episode, whether they were released in theaters, on DVD, or online.  

    15    Best Main Character – Whether hero, anti-hero, or villain, a main character is the face of their series. But it’s not just their personalities or characteristics that make them beloved, it’s their well-developed stories and the journeys they take us on that make them worthy.

    16    Best New Series – While countless new anime are created each year, this category honors the series and spin-offs that stand out. These instant classics possess something unique that keeps viewers transfixed and passionately awaiting season two.

    17    Best Opening Sequence – Through striking visuals and irresistible music, a great opening sequence sets the tone for what’s to come. Whether it’s creating a quirky mood for an offbeat rom-com, or striking a dark and serious tone for suspense, a memorable opening has as much creativity and passion as the show it introduces.

    18    Best Original Anime – An original anime is not adapted from source material like manga or light novels; it is a new creation. These original works of art mesmerize audiences with the quality of their stories.

    19    Best Romance – A great romance can thaw the heart of the coldest cynic. These captivating stories draw us in and remind us of the best part of being alive. With their hopeful messages, these shows find a way to make you believe in the power of love.

    20    Best Score – A vital part of an unforgettable anime is the original music composed for it. A well-crafted score adds another dimension of depth and emotion to any scene, with compositions that are not only tightly associated with an anime, but can also stand alone as masterpieces of music.

    21    Best Slice of Life (New) – While these anime focus on everyday events, the best are anything but ordinary. Capturing quiet moments in breathtaking ways, these nominees provide relief from the frantic pace of the world, placing relationships—with all their emotion, humor, and heartbreak—front and center.

    22    Best Supporting Character – This category celebrates a supporting character like they were number one. They come in all shapes and sizes, but the best among them can shine as brightly as their main character counterparts when called upon.

    23    Best Voice Actor Performance – Renowned voice artists breathe additional life into a character, adding depth and realism or re-envisioning what they sound like in a different language . Through their command of tone and the emotions their voices elicit, these talented artists help transform anime characters into anime icons. This award will be honored to voice actors across Arabic, Castilian, English, French, German, Italian, Japanese, Brazilian Portuguese, and Latin Spanish.

    24    “Must Protect At All Cost” Character –  These are the characters that make the world feel like a kinder, more special place. Whether they’re an earnest protagonist who always gets back up or a pure-hearted cinnamon roll who holds a group together, these characters remind us that there are some things in life worth protecting.

    When: Saturday, 2 March 2024 at 6 pm JST

    Where: Crunchyroll channels on YouTube and Twitch

  • Anand Raaj Anand drops heartbreaking track “Tu Juda Ho Gaya” by Adnan Ahmad

    Anand Raaj Anand drops heartbreaking track “Tu Juda Ho Gaya” by Adnan Ahmad

    Mumbai: Heartbreaks end our happiness, or restart our life! Separation either kills or creates will. Rising star Adnan Ahmad and the iconic Anand Raaj Anand bring us a song that talks about moving on and making something of ourselves after a heartbreak. II Music’s ‘Tu Juda Ho Gaya’ is the perfect track to rebuild after the painful end of a relationship.

    ‘Tu Juda Ho Gaya’ begins with the sorrow of separation, and slowly transitions to a powerful theme of seeking inspiration from your pains. With lyrics like ‘Harr sitam tera mujhpe karam ho gaya’, the song conveys that not all love stories have happy endings, but one should not get trapped in a web of sadness because of an unpleasant end.

    Beautifully penned by Anand Raaj Anand and Ssamudra and sung with nuance by Adnan Ahmad, ‘Tu Juda Ho Gaya’ is a must hear. What makes the song special is its message of healing from the pain rather than obsessing over a breakup.

    A singer, composer, lyricist and multiple award winning music maestro, Anand Raaj Anand has an eclectic collection of chartbusting songs to his name. The multi-talented maverick has composed memorable tunes for films like Kaante, Musafir, Shootout at Lokhandwala and many such superhits.

    A promising name in the Indian music circuit, Adnan Ahmad is the proud recipient of Young Achievers Award and Radio City Super Singer 2018. The vibrant singer has garnered an ardent fan base over the years, and is famous for his rousing voice that is powerful yet unique.

    ‘Tu Juda Ho Gaya’ also boasts of a bittersweet music video. Featuring actors Wafi Taraky and Bipasha Biswas, the video depicts the pain a lover goes through before dusting old memories off and stepping up in life. He yearned for support, for a reciprocal love. He yearned for a love that was unconditional and unwavering, one that would stand the test of time and weather any storm. But with each unreturned gesture, his love becomes a painful burden, a constant reminder of his sacrificed happiness. Shot and directed by Kuber & Sujeet Mahto, the music video acts as a searing reflection of the song.

    Talking about the song, Anand Raaj Anand said, “Tu Juda Ho Gaya is a tune that many of us will relate to. May it be today’s youth or a more seasoned generation, everyone has gone through heartbreaks that tested our resilience. It’s a universal anthem for anyone who has loved and lost, for those who have poured their soul into a connection that ultimately left them empty. It’s a song of anger, of acceptance, and ultimately, of finding the strength to walk away, leaving the shattered pieces behind.

    Sharing his thoughts on the tune, Adnan Ahmad said, “Tu Juda Ho Gaya is not just a song, but a soulful message about moving on from heartbreak at the right time. I had the time of my life working on this track. The opportunity to collaborate with Anand Raaj Anand sir on a platform as big as II Music was the cherry on top”.

    Talking about their latest release, II Music founder Rohit Sobti said, “II Music provides a platform to all kinds of talents to connect, collaborate and create. Tu Juda Ho Gaya brings together a stalwart like Anand Raaj Anand with a rising star like Adnan. The feel of this song is unlike any other heartbreak track out there. May it be the vocals or the lyrics, it has massive appeal on all fronts”.

    II Music has always backed music of all themes and genres. Their latest release looks like the ‘go to’ track for all broken hearted souls! If you are in the mood for a heartbreak song with a difference, dive into the magic of Tu Juda Ho Gaya.

    The song ‘Tu Juda Ho Gaya’ is available on all leading music platforms. The music video is now live on YouTube.

  • Edstead’s docu-series ‘The Indian EdTech Story’ spotlights TimesPro’s inspiring journey

    Edstead’s docu-series ‘The Indian EdTech Story’ spotlights TimesPro’s inspiring journey

    Mumbai: TimesPro, a leading Higher EdTech platform, has been prominently featured in the documentary series, ‘The Indian EdTech Story,’ produced by Edstead. The series, now streaming on Disney+ Hotstar, highlights the significant impact and outcomes of TimesPro in transforming the educational landscape for millions of learners across India. The series reflects its remarkable journey towards becoming one of the most sustainable EdTech players in the industry.

    The documentary underscores TimesPro’s commitment to bridging the gap between the industry and academia as it showcases its profound influence on the learning experiences of countless individuals. The series focuses on the positive contributions that the EdTech sector has made, while also exploring the challenges it faces along the way. By doing so, it demonstrates how the sector continues to play a pivotal role in creating a lasting impact.

    ‘The Indian EdTech Story’ further dwells on TimesPro’s significant role in Higher Education in boosting employability opportunities and integrating new-age skills through its upskilling solutions to realise its ambition of creating a highly skilled workforce for India. With learner-centricity at its core and focussing on providing learning solutions across the learner lifecycle, TimesPro shares its transformative journey to democratise education and create opportunities for all.

    Speaking on being featured in ‘The Indian EdTech Story’, TimesPro CEO Anish Srikrishna said, “TimesPro is not just about providing learning solutions, but it is also a catalyst for change. Our commitment to driving innovation, accessibility, and affordability in education is unwavering. We believe in harnessing the power of technology, fostering collaboration between industry and academia, and prioritising learner-centricity to shape a brighter future for generations to come. This documentary serves as a testament to our mission to democratise education and drive positive change in the Indian EdTech ecosystem.”

    Commenting on the release, Edstead founder Shekhar Bhattacharjee expressed, “The entire objective behind producing this series was to illuminate the transformation of education into an affordable and accessible realm for millions. The series not only captures the highs and lows of the EdTech sector but also underscores its ongoing commitment to creating a positive impact.”

    TimesPro’s journey in the documentary showcases its resolve to empowering learners, fostering industry-academic collaborations, and driving positive change in the Indian education landscape by providing accessible and affordable learning and upskilling opportunities for learners across the country.

  • Moloco & Viacom18 forge multi-year partnership for ad serving on JioCinema

    Moloco & Viacom18 forge multi-year partnership for ad serving on JioCinema

    Mumbai: Moloco, a leader in operational machine learning (ML) and advertising technology, has announced a strategic partnership with Viacom18 and JioCinema in India. As part of this multi-year partnership, Moloco is using its advanced machine learning and ad serving capabilities to build a powerful monetization solution for Viacom18/JioCinema, and it began with the Tata IPL last year. The Tata Indian Premier League, featuring 74 matches, providing the ultimate opportunity for streaming media monetization, with advertisers reaching massive global audiences of engaged sports fans. Last year, 449 million cricket viewers watched Tata IPL on JioCinema from March to May 2023. Supported by the Moloco ad-serving technology, JioCinema served targeted ads to a peak concurrent viewership of 32M users.

    Moloco streaming monetisation is an enterprise software solution that empowers streaming services to transform how they monetize content and media in order to unlock profitable growth. Moloco works with streaming platforms to maximize the value of each ad impression from price-driven decisioning to outcome optimization. The rise of streaming video globally coupled with the complexity of serving ads at live events makes this partnership an exciting opportunity to innovate, by delivering engaging ads and profitable advertiser ROI.

    “As the streaming media industry continues to focus on monetization, we’re excited to partner with leading players such as JioCinema to develop their performance advertising engine,” said Moloco’s chief business officer Sunil Rayan. “We have leveraged Moloco’s deep experience in advertising technology over the last decade to build an ad serving solution for JioCinema that ensures stability at scale and improves user experience during peak times. Looking ahead to Tata IPL 2024, we anticipate an even bigger opportunity to engage millions of viewers while also creating measurable value for advertisers,” he added.

    JioCinema CPTO Akash Saxena stated, “By using Moloco’s advanced algorithms and highly optimised ad serving infrastructure, we were able to deliver ads to 32M viewers concurrently during Tata IPL 2023 and offer new monetization opportunities to our advertisers.”

    Speaking on the announcement, Moloco’s general manager for India Siddharth Jhawar said, “India’s 700 million digital population has shown a growing preference for consuming video content online. As streaming platforms scale and look for more monetization opportunities, Moloco Streaming Monetization can help them grow profitably.”

  • Rakshak- India’s Braves: Chapter 2 is not just a series

    Rakshak- India’s Braves: Chapter 2 is not just a series

    Mumbai: Amazon miniTV, Amazon’s free video streaming service, is all set to celebrate the true essence of patriotism and valour with its much-awaited series, Rakshak- India’s Braves: Chapter 2. The patriotic series chronicles the story of real-life heroes Naib Subedar Sombir Singh of the Jat Regiment and DYSP Aman Kumar Thakur, who sacrificed themselves to safeguard the lives of innocent civilians in the Kulgam district of Jammu and Kashmir in 2019. Unfolding the gripping saga of the Kulgam Operation, Rakshak- India’s Braves: Chapter 2 pays homage to the courage, resilience, spirit, and sacrifices of the Indian Armed Forces, lauding their dedication to selflessly serve the nation in the face of life-threatening challenges.

    The talented ensemble cast of Rakshak- India’s Braves: Chapter 2 is led by Barun Sobti, who steps into the shoes of the late Naib Subedar Sombir Singh. His journey is one of profound sacrifice and loyalty to his nation. Whether facing enemy fire on the battlefield or navigating the complexities of military life, Junior Commissioned Officer Sombir Singh remains steadfast in his resolve to uphold the nation’s honour. Through Barun Sobti’s nuanced portrayal, viewers will be taken on a gripping and emotional ride, exploring the challenges and triumphs of an army officer. From intense battle scenes to emotionally vulnerable scenes, Barun’s performance brings depth and authenticity to the character, capturing the true essence of bravery.

    Talking about his character in the series, Barun Sobti shared, “Playing Naib Subedar Sombir Singh has been an enriching experience for me, as an actor. His story of courage, sacrifice, and unwavering dedication to duty is one that has touched me deeply. Rakshak- India’s Braves: Chapter 2 is not just a series, it’s a heartfelt tribute to the brave unsung heroes of our armed forces who selflessly defend our nation’s integrity. I am privileged to be a part of this project, and I hope that I have done justice in bringing his character to life on screen. I feel honoured to have received this opportunity to shed light on the sacrifices made by our real-life heroes through the series.”  

    Directed by Ajay Bhuyan and produced by Juggernaut Studios, Rakshak- India’s Braves: Chapter 2 features Barun Sobti, Surbhi Chandna and Vishwas Kini, among others, in pivotal roles. The series will be available to stream on Amazon miniTV from February 22nd, for free, within Amazon’s shopping app, on Fire TV, and on Play Store.

  • PPL & Novex: The music royalty collection question

    PPL & Novex: The music royalty collection question

    Mumbai: Are music royalty collecting agencies like Novex Communications and Phonographic Performance Ltd (PPL) entitled to collect performance royalties on behalf of their clients from organisations such as hotels and others? Well, the Bombay high court (court) has adjudicated (decision) that they are in a bunch of matters, namely Novex Communications vs Trade Wings Hotels Ltd, Comip suit No. 264 of 2022 and others (said matters), despite them not being registered as a copyright society. A single judge bench passed a detailed judgement on 24 January 2024 in favour of the two (plaintiffs).

    In 2022, the duo had filed a bunch of suits against various third parties (defendants) seeking injunctions against them from using the sound recordings, wherein the former own copyright by way of assignments from the respective producers (said songs), without obtaining licences from the plaintiffs.

    The defendants raised a preliminary issue that the PPL and Novex cannot carry on the business of licensing without being registered as a copyright society under section (s.) 33 of the Copyright Act, 1957 (“Act”).

    Rival contentions:

    Plaintiffs inter alia contended the following:

    (i) As per s.18(2), Plaintiffs being the assignees are the owners of copyright in the said songs. Further, as per  s.30, the Plaintiffs, being the owners / duly authorised agents of the owners, are entitled to grant licenses;

    (ii) Relying on compulsory license and statutory license provisions under s. 31A to D, Plaintiffs contended that these provisions do not mention copyright societies which implies that copyright licensing business need not be done only through a registered copyright society;

    (iii) Chapter VII relating to copyright societies which was introduced by 1994 amendment to the Act did not affect the rights of a copyright owner to issue licenses for its work. This is corroborated by s.34 of the Act which allows a copyright owner to withdraw itself from the copyright society. Thus, the copyright society provides an additional option to the owners to grant licenses through a copyright society in addition to (and not in exclusion to) issuing licenses on their own;

    (iv) S.33(1) of the Act which provides that no ‘person’ shall carry on the business of licensing without being registered as a copyright society does not include the ‘owner’ of a work. If ‘owner’ is deemed to be included within the term ‘person’, then s.30 which empowers an owner to issue license will be rendered negatory;

    (v) Two conflicting provisions (s.30 which entitles an owner to grant license and s.33 which entitles only a registered copyright society to grant license) should be reconciled by restricting each to its own object. Relying on the headings of s. 30, 33 and 34, Plaintiffs contended that all that is required is if a copyright society wants to do business of issuing licenses, then it must be registered as a copyright society as per s.33 and this does not curtail the owner’s right to license under s.30;

    (vi) The term ‘business’ in s.33 of the Act should be given a contextual meaning to read as ‘business of issuing licenses in respect of works which are not owned by such person’. If the term ‘business’ is given a wider meaning, then 99 per cent of the ownership rights will be taken away and the copyright owners would only be able to license their rights for philanthropy;

    (vii) Considering there is an apparent conflict between s.30 and 33 of the Act, s.30 is the leading provision and s.33 is a subordinate provision which must give way to s.30;

    (viii) The second proviso was needed since the Parliament was clear that s.33(1) did not prevent all owners including authors from licensing their copyrights for profit and since parliament wanted to draw distinction between the authors and the owners the second proviso became necessary. Hence it is specifically mentioned that licensing by the authors of the underlying works will only be done by the copyright society; ‘Parliament is deemed to know the law and therefore the fact that the Parliament has amended s.33(1) in 2012 by adding the second proviso shows that Parliament itself did not think s.33(1) barred every owner of a copyright from carrying on the business of licensing his works’.

    (ix) As per second  proviso to s.33(1), in case of underlying works forming part of sound recordings, the rights of owners to grant licenses have been taken away. Such a prohibition is not there for sound recordings. This means that rights of owners of sound recordings to grant licenses have not been curtained. With respect to Madras High Court order in Novex v DXC Technology (“DXC case”), the Madras High Court wrongly applied the second  proviso to sound recordings;

    (x) Defendants are rank infringers and they have no plausible defense;

    In response, the defendants inter alia contended the following:

    (i) The term ‘person’ in s.33(1) of the Act includes ‘owner’. Thus, without registration as a copyright society, no one can carry on the business of licensing;

    (ii) There is no conflict between s.30 and 33 of the Act. s.30 provides a right to an owner to grant license. Once the owner carries on business of licensing, then it has to first seek registration as a copyright society. Assuming there is any conflict, s.33 being a special provision must prevail over s.30 which is a general provision;

    (iii) S.33 does not take away the right of an owner to grant license as contended by the Plaintiffs. It merely regulates the same by way of providing an obligation to register as a copyright society;

    (iv) 1st proviso to s.33 which exempt owners in their ‘individual capacity’ from registration as a copyright society does not apply to Plaintiffs who are not acting in their individual capacity;

    (v) The assignment deeds in favour of the Plaintiffs are executed to circumvent the requirement of registration as a copyright society;

    (vi) Plaintiffs’ acts are in contravention of s.33(1), and therefore, they are not entitled to any reliefs from this Hon’ble Court;

    (vii) PPL was earlier registered as a copyright society and it is still trying to obtain registration. This shows that PPL is aware that it is required to be registered as a copyright society;

    (viii) If Plaintiffs’ contention is accepted, then s.33(1) would be rendered redundant;

    (ix) The law intends that there must be a single copyright society for one class of work to ensure a single window for end-users;

    (x) The law clearly seeks to address a mischief, i.e., of a person carrying on the business of licensing without regulation. Accordingly, Heydon’s Rule or Mischief Rule must be applied to suppress the mischief that was intended to be remedied, especially when Parliament has consciously made an amendment to the law;

    (xi) The Supreme Court’s decision in “ENIL v Super Cassette Industries Ltd”, the Parliamentary Debates and extracts from Copinger make it amply clear that the object of copyright societies is not just to promote rights of owners but to balance it with public interest by protecting the interests of users.

    Decision:

    After considering the rival contentions and provisions of the Act, the Court observed as follows:

       S.30 empowers an owner / duly authorised agent of an owner to grant license;

       The idea of a copyright society is to assist the owner and not take away rights from an owner.

       As per s.34(1)(b), an owner can either issue license through a registered copyright society or withdraw its authorisation to copyright society and grants license on its own;

       Chapter VII relating to copyright society does not take away the rights of owners to grant license. It only gives a choice to the owner to either exploit its copyright on its own or through a copyright society;

       The word ‘person’ in s.33(1) does not include the ‘owner’, otherwise s.33(1) would take aware the right of owner under s.30;

       S.33(1) applies to those entities which carry on the business of licensing of work which is owned by ‘others’;

       S.30 is the leading provision and s.33(1) is the subordinate provision which must give way to s.30;

       DXC case overlooked s.30 and wrongly applied second proviso of s.33(1) which relates to underlying works;

    In view of the above, the court held that the plaintiffs are entitled to carry on the business of copyright licensing without being registered as copyright societies. The court further clarified that the decision will also apply to ‘exclusive licensee’ as under s.54, the ‘owner of copyright’ also includes an ‘exclusive licensee’.

    Comments:

    The court has analysed the provisions of the act in detail and passed the decision on a long pending question. However, the decision is diametrically opposite to the detailed judgment in DXC case against which appeals are pending before the division bench of the Madras High Court. It remains to be seen if the decision is carried in appeal. Considering the differing stands taken by the courts, it would be in the interest of all that the question is tested and answered once and for all, by the Hon’ble Supreme court.

    Written by Anushree Rauta – equity partner- head of media and entertainment practice, Shwetank Tripathi – associate partner, Shrija Verma- associate, and Savan Dhameliya – associate.

    This is an article sourced from the Indiantelevision.com group legal representative firm, ANM Global, and the group need not subscribe to the views contained in it.

  • Zomato Live brings Russell Peters’ ‘Act Your Age’ tour to India

    Zomato Live brings Russell Peters’ ‘Act Your Age’ tour to India

    Mumbai: Delhi, brace yourselves for an uproarious night of laughter! The legendary Russell Peters brings his world-famous “Act Your Age” Tour to your city on 28 February, courtesy of Zomato Live. Get ready to laugh your head off as his razor-sharp wit and laugh-out-loud humor take center stage. From Chicago to New York, Dubai to Canada, the tour has captivated audiences across 23 countries and left laughter echoing in every corner of the world.

    Now, it’s Delhi’s turn to experience the comedic genius of Russell Peters live! Don’t miss your chance to witness this side-splitting rollercoaster ride of relatable humor that will leave you yearning for more.

    Join us at this special, as Russell shares his unique take on parenting, marriage, cancel culture, ageing, Gen Z, anxiety, and much more. PS, if you didn’t already know, he too is a desi at heart! Watch out for the nuances that will definitely hit home! With the tickets selling like hotcakes, don’t let procrastination hold you back from THE comedy extravaganza of the season. So, hurry! Grab your tickets now and get ready to laugh till you drop with Russell Peters’ ‘Act Your Age’ Tour – Delhi edition! See you there!

    When: February 28, 2024; 5:30 PM onwards

    Where: Yashobhoomi (India International Convention & Expo Centre), Dwarka

    Cost: Rs 1,499 onwards

    Bookings via: Events tab on the Zomato app

  • Five reasons to watch Amazon miniTV’s Rakshak- India’s Braves: Chapter 2

    Five reasons to watch Amazon miniTV’s Rakshak- India’s Braves: Chapter 2

    Mumbai: Amazon miniTV, Amazon’s free video streaming service, recently released their patriotic series ‘Rakshak- India’s Braves: Chapter 2’. The series is an unconventional story with a strong sense of patriotism, which will also instill a sense of national pride among the viewers. This biographical war drama follows the life of Shaurya Chakra-awardee Naib Subedar Sombir Singh and DYSP Aman Kumar Thakur, unfolding the brave saga of the Kulgam Operation, a crucial chapter in India’s battle against terrorism. Based on a real-life story, the series shines a spotlight on the sacrifices and bravery of the unsung heroes of our nation.

    Here are reasons to watch Rakshak- India’s Braves: Chapter 2:

    . Fact is stranger than fiction: There’s a certain thrill in watching movies based on real-life personalities and incidents. Rakshak- India’s Braves: Chapter 2 is a true story that reignites your love for the country, even in moments when it may have faded. It is based on the life of Naib Subedar Sombir Singh who devoted his life to serving the nation. The film brilliantly encapsulates the narrative of the Kulgam Operation capturing the high-stakes mission undertaken by the armed forces to combat militant threats and safeguard the nation’s sovereignty.

    . Igniting patriotic fervor: Right from our school days we’ve recited the pledge, ‘India is my country…’, but only a few of us truly grasped its depth. Naib Subedar Sombir Singh was one such individual, who lived and breathed this pledge, dedicating their lives to the service and protection of our nation. The series beautifully captures this profound dedication, weaving a narrative steeped in patriotism that strikes a chord with every proud Indian. This isn’t about creating an overblown battle zone to visually blow people’s minds, Rakshak- India’s Braves: Chapter 2 is about the story that was never told to us.

    . Stellar performance of the cast: Produced by Juggernaut Studios and directed by Ajay Bhuyan, the movie boasts an ensemble cast starring Barun Sobti, Surbhi Chandna, and Vishwas Kini in pivotal roles. Their performances will have a profound effect on the audience, evoking their emotions, striking a chord, and giving a sense of pride and gratitude. Bringing characters to life, their captivating performances will immerse you in every emotion and moment of the series.

    . Immersive cinematic experience: It is a challenge to capture war-torn images and make them visually compelling, Rakshak- India’s Braves: Chapter 2 excels in conveying the strife, gloom, and stress of the terrorist-attacked Kulgam district. Every scene in the movie commands attention, drawing audiences deeper into the narrative with its compelling visuals while capturing patriotic sentiment without being preachy.

    . Free to watch: Indulge in the spirit of patriotism, and feel the emotions, while embarking on this heroic and courageous journey for free. Watch this intriguing series without any pay or subscription. It is available to stream for free on Amazon miniTV and Fire TV in the Amazon Shopping App and Play Store.

    Foster the essence of patriotism and celebrate India’s unsung heroes who sacrificed their lives to safeguard peace and harmony with Rakshak- India’s Braves: Chapter 2 for free only on Amazon miniTV.