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Tag: Annie Luo

  • You can’t kill a million flies with a hammer

    You can’t kill a million flies with a hammer

    MUMBAI: The session on intellectual property, piracy and the creative industries with the economic forum held much promise for the various industry stakeholders at FICCI FRAMES 2014 on the final day.

     

    The panel anchored by NDTV editor Vishnu Som saw Government of India’s registrar of copyrights G R Raghavender, World Economic Forum’s Annie Luo, FIAPF director general Benoit Ginisty, Star India president & general counsel Deepak Jacob, Saikrishna & Associates’ managing partner Saikrishna Rajagopal and Copyright Integrity International’s Nandan Kamath give their views on the issue of piracy and how to avoid it.

     

    The panel discussion kicked off with the Copyright Act of 1957 – the law safeguarding the creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings – and moved into how the rights need to be amended with the emergence of new mediums.

     

    Star India president & general counsel Deepak Jacob rightly pointed out, “The copyright act needs to go through amendments keeping in mind the presence and emergence of new media. The act safeguards the key stakeholders of the industry from losing out on their IPs (intellectual properties) but the act is tilted towards a certain set of individuals or groups and not for all the stakeholders and that needs to change.”

     

    Jacob also made a valid point when he said that if the IP is being used by someone and that individual wants to use it legally, whom should the royalties be paid to.

     

    Government of India’s registrar of copyrights G R Raghavender said: “The Copyright Act has been put in place keeping in mind the benefit of all stakeholders and the rights clearly mention that it doesn’t consider future mediums under its purview.”

     

    Saikrishna & Associates’ managing partner Saikrishna Rajagopal brought up the issue of torrentz and similar rogue websites that encourage piracy, but more disappointing is the fact that big brands can be seen advertising on such sites and generating revenue for them, more so encourage piracy. “I think it’s time to haul up these bigger players rather than chase a million flies with a hammer. We need to take a careful look at these payment gateways which are supporting piracy and encouraging this monstrous industry.”

     

    The registrar of copyrights also mentioned that the government is doing a lot to prevent the act of piracy but there are shortcomings to this. Copyright Integrity International’s Nandan Kamath said: “Just sending a legal notice to pull down an illegal content is not a victory, but if we manage to get the IP holder his lost revenue from the pirate, that will be a victory.”

     

    Kamat also mentioned that the industry needs to come together to end the illegal downloaders and pirates from gaining from someone else’s loss.

     

    On an concluding note, Jacob made a strong statement when he said that it would be best suited if IP and piracy issues are dealt by the information and broadcasting ministry (MIB) or department of industry policy and promotion (DIPP) as they are more in tune with the needs of all the stakeholders suffering from piracy.

  • Should creative content be barred from widespread dissemination?

    Should creative content be barred from widespread dissemination?

    MUMBAI: Companies and people logger heading over Intellectual Property (IP) is nothing new in India. Over decade, we have seen people taking each other to court for “stealing” their ideas and this has raise the question: should the intellectual property or creative content be barred from widespread dissemination to protect the hard work of producers, or should it be freely spread around the world in a global economic era that often doesn’t have boundaries?

     

    To find a solution to these and similar questions, a panel anchored by NDTV editor and senior anchor Vishnu Som highlighted issues around intellectual property and the dynamics of its ownership in an industry that is rapidly becoming characterised by multiple content distributors over multiple delivery platforms discussion on “Intellectual Property, Piracy and the Creative Industries” on the third and final day of the FICCI FRAMES convention being held in Mumbai.

     

    Present on the panel was Government of India registrar of copyrights Dr G Raghavender. He spoke about the Copyright Amendment Act, 2012. The amendments were designed to extend copyright protection to the digital environment in harmony with the World Intellectual Property Organisation (WIPO) Copyright Treaty and the WIPO Phonograms Treaty, 1996. The bill introduced exclusive economic rights for performance, and, for the first time, moral rights for performers.

     

    But Star India president and general counsel Deepak Jacob differed in his view about the bill. He said that it had a fundamental problem: Of the five key stakeholders that come under copyright, viz. the print , film, television, radio and animation and gaming sectors, not a single one was consulted when these amendments were proposed. They were proposed at the behest of certain vested interests, primarily authors of literary and musical works, and certain performers. The amendments have actually created an impasse in the film and television industry, where authors have become trade unions holding film and television producers and content creators to ransom by demanding exorbitant royalties.

     

    Saikrishna & Associates partner Ameet Datta, felt that the statutory requirement that when government evolves policy, it will focus on multiple stakeholders, is a positive development. Yet, there was bound to be friction between the expanding numbers of stakeholders and levels of dissemination; he suggested that involuntary licensing could provide industry with seamless access to works.  He also flagged up the issue about the biggest brands being advertised on pirate websites.

     

    “The dumber you act, the less responsibility you will have,” is what the law is suggesting, said Copyright Integrity International Nandan Kamath. The laws need to take responsibility for content on networks. He felt that the issue of digital piracy is not just legal but has ripple effects into the monetisation of content. Piracy itself is not well defined, and has lots of grey areas.

     

    World Economic Forum Entertainment and Information Industries media director Annie Luo, discussed about her work on intellectual property in the digital context, that identified cultural differences as an element affecting how people related to the digital media.

     

    FIAPF director general Beniot Ginisty felt that it was important for producers to enjoy full contractual freedom to produce films and robust operate in a high risk financial environment.

     

    Questions from the audience revolved around who in a team would be the “owner” of a script, how young people could be educated about piracy, and when permissions were needed to use content.