ITV

Tag: Pradeep Nandrajog

  • Delhi HC accepts Prasar Bharatis plea for clean feed of sports signals

    Delhi HC accepts Prasar Bharatis plea for clean feed of sports signals

    NEW DELHI: Chief Justice N V Ramana and Justice Pradeep Nandrajog of the Delhi High Court have said that any channel telecasting a live television broadcast of sporting events of national importance must share the same with national broadcaster Doordarshan without any commercials.

     

    Upholding Prasar Bharati’s view, the Court made the observations while dismissing ESPN’s plea seeking a direction to Prasar Bharati not to insist on the live signal of international cricket matches of India without any commercials. “We find no merit in the writ petition which we dismiss but without any order as to costs.”

     

    Prasar Bharati had on 6 April told ESPN that “it is not in a position to share the live signals which are not clean” and insisted that the channel provide the feed of the matches without any commercials.

     

    Filing a petition before the High Court, ESPN had claimed to be the exclusive distributor of cricket matches of national importance. Furthermore, it said as a matter of practice it had offered the live signals of several matches with commercials as mandated by the Sports Broadcasting Signals (Mandatory sharing with Prasar Bharati) Act 2007 and relevant rules, but the pubcaster had imposed a condition relating to clean feed.

     

    Seeking the court’s intervention, the channel had said, “Refusal of the respondent to accept the feed has resulted in a stalemate or impasse which may deprive millions of viewers of watching the international cricket tournaments.”

    ESPN had argued that it did not have control over the “Commercial inserts” that were attached to the feed received by it from the event organisers. ESPN had further argued that its “obligation under the law was to share the live broadcast signal as it was received” by it from the sporting event organiser; and since the feed received by it contain certain advertisements by the organiser of the sporting event, their obligation were limited to share the signal as it is. 

  • Delhi HC allows Mehengai song in its original form

    Delhi HC allows Mehengai song in its original form

    NEW DELHI: Prakash Jha‘s film Chakravyuh will release this Friday with the song on ‘Mehengai‘ (inflation) in its original form following the reversal of a single judge order by a division bench of the Delhi High Court.
    The single judge Kailash Gambhir had on 15 October restrained the filmmaker and others from playing the song as he felt the use of the word Bata in the song violated the shoe brand‘s credibility and trademark.
    The film Chakravyuh is already showing its song Mehngaai on YouTube and other media. The Bata Company had, when asking the court to stay its screening, broadcast and advertising, demanded removal of its brand name from the song or withdrawal of the entire song from the film.
    A bench comprising Justices Pradeep Nandrajog and Manmohan Singh in an interim order said, “there is nothing defamatory in the word ‘Bata‘ and (its use in the song) is only referential, more symbolic and does not refer to particular activity of a person.”
    The court held that issues related to freedom of expression are quite complex and posted the matter for November for further hearing.
    After winning a legal battle in Kolkata against the use of the word Birla, this is Jha‘s second win against the shoe major.
    The Birla family has also demanded removal of the word Birla from the song. Appearing on behalf of Birla, the law firm Khaitan & Co had on 3 October sent a legal notice to the film director saying “The Birlas are deeply hurt, and have strong reservations against the use of their name in such a derogatory manner in the song.”
    The song written by T M Turaz also names the Ambanis and the Tatas. The film‘s promo, however, carries a disclaimer saying “the names used in the song are symbolic and do not intend to harm or disrespect any brand or individual”, which is in conformity with the directions of the Central Board of Film Certification (CBFC), the petitioner had contended.

  • IPRS secures injunction against Hello FM

    IPRS secures injunction against Hello FM

    MUMBAI: The Indian Performing Rights Society (IPRS) has secured an injunction against Hello FM Radio (Malar Publications Limited) from the Delhi High Court restricting Hello FM Radio from playing music without obtaining a license from the IPRS.

    This order would technically mean that Hello FM would either have to stop broadcast, obtain a license, or both. Lawyers Praveen Anand, Ameet Datta, Bhagwati Prasad and Shrawan Chopra represented IPRS.

    The IPRS says that this order comes as a warning to all such establishments operating without a license that they are not above the law, and they will not be allowed to continue functioning. IPRS is a non-profit making company authorised under section 33 of the Copyright Act 1957 to operate as a copyright society for Musical Works and Literary works performed along with the Musical Works. It is a body that has more than 1500 members who are local composers, lyric writers and publishers and also represents International Music.

    IPRS adds that all users of music including radio stations, television channels need to obtain a license for public performance whenever they broadcast or perform /play these Literary and Musical Works, the license must be obtained prior to the event/broadcast else it is a violation of the Copyright Act, 1957.

    IPRS CEO Rakesh Nigam said, “The consumption of entertainment is changing and so will the earning pattern of artists. Newer forms of entertainment need to compensate artists adequately. such ruling will set the correct bench mark ”

    IPRS says that with the advent of the FM Radio industry starting in India there have been numerous Court Cases wherein the radio stations have tried to circumvent the rights of the Copyright Holders. However, the Hon’ble Courts in the Country have always upheld the rights of the Copyright holders.

    Hon’ble Justice Pradeep Nandrajog of the Delhi High Court has said in his order dated 15-11-2006, “Restrained the Defendants (Hello FM – Malar Publications Limited), their Servants, Agents, Director, Subsidiaries, and all other acting on their behalf from causing the broadcast or broadcasting / performing or communication to the public, literary and / or musical works of the Plaintiff Society or those of the foreign sister societies of the Plaintiff or broadcasting any works of the Plaintiff by any means without obtaining a license from the Plaintiff thereby amounting to infringement of the Plaintiff Society’s Performing Rights and communication to the public rights in the same.”