Section 17 in Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017
17. In response to the draft TTO, most of the broadcasters including one of their associations mentioned that broadcasters are akin to broadcast organizations, which come under the purview of the Copyright Act. They further mentioned that the Copyright Act is a complete code and comprehensively covers all aspects of licensing, assignment, payment of royalties, tariff fixation, distribution schemes and other considerations by Copyright Societies. It also encompasses provisions for enforcement against infringements/piracy and implementation of technological protection measures in respect of works of authors and broadcasting reproduction rights (BRR) of broadcast organisations. They are of the opinion that various provisions of the draft TTO are in conflict with the provisions of the Copyright Act, 1957 as they impose limitations and restrictions on the nature of content, prices of channels, discounting, commissions, manner of offering, ability to classify subscribers (e.g. commercial establishments) and seek differential tariff, duration of license, the geographical territory of operation etc. They further suggested that any provision of draft TTO which impinge on the rights granted under the Copyright Act ought to be harmonised.
