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Tag: Novex Communications

  • Saregama hands public performance licensing rights to Novex

    Saregama hands public performance licensing rights to Novex

    MUMBAI: Entertainment and music catalogue giant Saregama – custodian of over 140,000 musical gems – has signed on the Ketan Kanakia founded Novex Communications for its music catalogue.

    The latter will now collect  public performance licence fees from organisers, if Saregama’s music is being played during on-ground events.

    Recognising Novex’s established presence in the music rights landscape, encompassing labels like Zee Music and YRF, Saregama aims to leverage its expertise to maximise the monetisation of its iconic tracks.

    The partnership, announced via LinkedIn, highlights a shared commitment to “preserving musical legacies” while delivering dynamic live experiences.

  • Court orders stay on music licensing societies from collecting royalties ahead of New Year

    Court orders stay on music licensing societies from collecting royalties ahead of New Year

    MUMBAI: It’s a judgment that has taken some time a-coming. For long Indian event organisers and agencies have been battling with the music licensing in various courts – the IPRS and PPL and Novex Communications – on their legal standing to collect royalties for music that is played out during ground events that the former organise. While the first two represent the interests of writers, authoris, composers and almost all Indian and international music labels, the latter collects royalties from event organisers for music from the YRF and Zee Music stable.

    With many parties and gigs planned by many event organisers planned for the new year – which is a plum time for these three bodies to collect revenues for live events and parties – the Event & Entertainment Management filed a petition with the Delhi high court on 21 December. It named the Indian government, the Copyright Off ice and PPL, IPRS, and Novex Communications as respondents to the case.

    The petition highlighted that despite the fact that currently neither of the bodies issuing ‘licenses’ are infact registered copyright societies – PPL / IPRS and Novex – however they still continue to grant licenses and continue to be in the business of granting licenses.”

    Two days later, on 23 December 2016, Justice Sanjeev Sachdeva issued an order which reads. “..the respondent Nos.3 (PPL) to 5 (IPRS and Novex Communications) are restrained from acting in contravention of Section 33 of the Act and the respondent Nos.1 and 2 (Union of India and Copyright Office respectively) are directed to take action in accordance with law for any breach of provisions of Section 33 by the respondent Nos.3 to 5.”

    According to the EEMA , this effectively means that the three bodies have been barred from collecting money for music licensing for events until the next hearing which is scheduled for 24 April 2017.

    “The Music Licensing lobby (PPL / IPRS / Novex) has been engaged in illegal issuance of licenses since over two years now and flouts all laws by openly threatening venues to stop events unless the license is procured,” says EEMA secretary (legal) Ankur Kalra: “Venues in turn pressurise event managers to do the same who despite knowing that it is wrong are forced to procure these licenses in order to safeguard their events. The music licensing ‘societies’ today are private limited companies operating purely for profit and very little or no money actually reaches the artists. It has become an organised syndicate and when we highlighted the same to the court we got an injunction almost immediately. We will take this battle forward and ensure that all event managers, venues and police departments are educated on this matter so that they are not part of the exploitation.”

    Adds EEMA legal counsel Abhishek Malhotra: “The music industry has been going through a flux. While the law clearly provides that issue and grant of licenses can be done only through a registered copyright society, these three entities have been effectively carrying on this business in violation of the clear legal provisions. This order as well as the government of India’s endorsement of the issues facing the users of music is therefore a welcome development. “

    We contacted several senior professionals from the music industry. Most were in the dark about the Delhi high court injunction order. However, the IRPS head Rakesh Nigam exclaimed that the order does not concern “the IPRS as it has been functioning under section 30 of the Copyright Act. The High Court’s verdict concerns bodies working under section 33 of the Act.”

    (courtesy http://www.radioandmusic.com/biz)

  • Court orders stay on music licensing societies from collecting royalties ahead of New Year

    Court orders stay on music licensing societies from collecting royalties ahead of New Year

    MUMBAI: It’s a judgment that has taken some time a-coming. For long Indian event organisers and agencies have been battling with the music licensing in various courts – the IPRS and PPL and Novex Communications – on their legal standing to collect royalties for music that is played out during ground events that the former organise. While the first two represent the interests of writers, authoris, composers and almost all Indian and international music labels, the latter collects royalties from event organisers for music from the YRF and Zee Music stable.

    With many parties and gigs planned by many event organisers planned for the new year – which is a plum time for these three bodies to collect revenues for live events and parties – the Event & Entertainment Management filed a petition with the Delhi high court on 21 December. It named the Indian government, the Copyright Off ice and PPL, IPRS, and Novex Communications as respondents to the case.

    The petition highlighted that despite the fact that currently neither of the bodies issuing ‘licenses’ are infact registered copyright societies – PPL / IPRS and Novex – however they still continue to grant licenses and continue to be in the business of granting licenses.”

    Two days later, on 23 December 2016, Justice Sanjeev Sachdeva issued an order which reads. “..the respondent Nos.3 (PPL) to 5 (IPRS and Novex Communications) are restrained from acting in contravention of Section 33 of the Act and the respondent Nos.1 and 2 (Union of India and Copyright Office respectively) are directed to take action in accordance with law for any breach of provisions of Section 33 by the respondent Nos.3 to 5.”

    According to the EEMA , this effectively means that the three bodies have been barred from collecting money for music licensing for events until the next hearing which is scheduled for 24 April 2017.

    “The Music Licensing lobby (PPL / IPRS / Novex) has been engaged in illegal issuance of licenses since over two years now and flouts all laws by openly threatening venues to stop events unless the license is procured,” says EEMA secretary (legal) Ankur Kalra: “Venues in turn pressurise event managers to do the same who despite knowing that it is wrong are forced to procure these licenses in order to safeguard their events. The music licensing ‘societies’ today are private limited companies operating purely for profit and very little or no money actually reaches the artists. It has become an organised syndicate and when we highlighted the same to the court we got an injunction almost immediately. We will take this battle forward and ensure that all event managers, venues and police departments are educated on this matter so that they are not part of the exploitation.”

    Adds EEMA legal counsel Abhishek Malhotra: “The music industry has been going through a flux. While the law clearly provides that issue and grant of licenses can be done only through a registered copyright society, these three entities have been effectively carrying on this business in violation of the clear legal provisions. This order as well as the government of India’s endorsement of the issues facing the users of music is therefore a welcome development. “

    We contacted several senior professionals from the music industry. Most were in the dark about the Delhi high court injunction order. However, the IRPS head Rakesh Nigam exclaimed that the order does not concern “the IPRS as it has been functioning under section 30 of the Copyright Act. The High Court’s verdict concerns bodies working under section 33 of the Act.”

    (courtesy http://www.radioandmusic.com/biz)

  • Upscale commercial establishments to pay market rates for pay channels: Trai

    Upscale commercial establishments to pay market rates for pay channels: Trai

    MUMBAI : In an order issued today, the sector regulator has decreed that pay broadcasters will now be able to charge “market rates” to more upscale hotels and big commercial establishments that access their channels.

    The Telecom Regulatory Authority of India (Trai) has stated that the tariffs of pay channels as well as set top box rentals will be left to mutual agreements and market forces in both CAS and non-CAS areas “subject to restrictions on maximum bouquet price in relation to sum of individual channel prices”.

    For the purpose of tariff regulation, Trai has identified two categories of commercial subscribers. One category consists of hotels with a grading of 3 star and above and heritage hotels. This category will also include any other hotels, motels, Inns and such other commercial establishments providing board and lodging and having 50 or more rooms. In the second category would fall all other commercial establishments.

    The regulator has grouped the rest of commercial establishments into the residual category and decreed that the same rules that govern ordinary cable subscribers will apply to them also, both in CAS and non-CAS areas.

    Taking note of a point made by pay broadcasters with respect to clubs, pubs and other such establishments, Trai’s tariff orders also provide that whenever “any commercial cable subscriber uses the programmes of a broadcaster for public viewing by 50 or more persons on the occasion of special events at a place registered under Entertainment Tax Act, then also the tariff will have to be mutually decided between the parties concerned.

    The pricing formula Trai has worked out is:

    I. The maximum retail price of any individual channel shall not exceed three times the average channel price of the bouquet of which it is a part.

    For example, if the maximum retail price of a five-channel bouquet is Rs 150 per (average channel price of Rs 30), the maximum price an individual channel can be priced at is Rs 90.

    II. The sum of the individual maximum retail prices of the channels shall not be more than 150 per cent of the maximum retail price of the bouquet. Therefore, the total a la carte pricing all these five channels together can charge would be a maximum of Rs 125 (Rs 150 + Rs 75).

    Trai issued the order after the Supreme Court agreed with its argument that in order to ensure an orderly growth of the telecom sector in the country, it was necessary to have differential tariffs for commercial and non-commercial subscribers of conditional access system (CAS).

    Trai’s submission was in response to a petition filed by the Association of Hotels and Restaurants, which challenged an order of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) that upheld the dual rates.

    Trai had placed the draft Tariff Orders, both for CAS notified areas and non-CAS areas, along with a letter to stakeholders inviting comments by 10 November.

    Broadcasters see Trai’s decision as a positive step towards generating subscription revenues. “Business will see at least a three-fold jump,” says Novex Communications head Ketan Kanakia.

  • Shemaroo to offer cable operators movies on licensing model

    Shemaroo to offer cable operators movies on licensing model

    MUMBAI: Shemaroo has entered into an exclusive agreement with Novex Communications for licensing rights of all its movies to cable TV operators. The home video player, which also has a huge movie library for satellite telecast, was earlier selling its cable TV rights directly to multi-system operators (MSOs).

    The movies for cable TV telecast which are already with Hathway Cable & Datacom will also be transferred to Novek after the expiry of its term. Hathway had bought five year rights in a bulk deal, a majority of which are expiring by the end of this year.

    Shemaroo will, thus, be doing away with the fixed fee model whereby it was selling cable TV rights to MSOs. “We will be able to maximise our revenue through the licensee model. We are given a minimum guaranteed amount and on increased growth, will have a revenue share,” says Shemaroo Films MD Raman Maroo.

    Already in the kitty is a collection of over 500 Hindi movies, while at least 15-16 will be added every month. “Almost 80 per cent of what we had sold to Hathway would expire by the end of this year. We will be assigning all our movies to Novex for cable TV exploitation. We have struck a two-year exclusive deal with them,” confirms Maroo.

    Novex Communications plans to charge cable operators a fee of Rs 35 per subscriber, though in reality most of the agreements will be lumpsome deals. “We will enter into annual deals with cable operators. Unlike most of the other movie content suppliers, we will provide actual software to cable operators. We will have at least 700 movies for licensing,” Novex Communications promoter Ketan Kanakia says.

    Novex has already signed a deal with the HFCL Infotel subsidiary Connect Broadband Services Ltd for J&K, Himachal, Punjab and parts of Haryana.

    MSOs, who run cable movie channels bank on the acquisition model. Cable movie channels CVO and CCC, promoted by MSOs Indusind Media and Hathway respectively, acquire movies for cable TV telecast. On the other hand, it is the licensing model which is popular with bulk of the cable TV operators.