TV News Channels Using Copyrighted Music – Far From ‘Being Fair’

There is a perception that with the "Fair Use" one can actually copy someone else’s work. India Government has recently stressed on the copyright law to be strictly enforced on the use of copyrighted music on TV news bulletins on the grounds of "fair use". The new draconian law was decided between the government and the recording industry.

A TV News grab of a debate.

However, it was not known as how would the new law impact. Recently with the objections from TV channels has raised questions, as TV channels are a medium by which public are informed. When TV channels or radio stations do not use the original sound track of the songs or music, and employ their own orchestra commonly called 'Version Recordings', it is considered as 'fair use' under Section 52 of the Copyright Act. In the case of 'fair use', either no royalty, or a nominal fee, is charged.

In India when the law is passed, it still takes a long way to be implemented. According to Copyright Act, 1957, “It is necessary to obtain the licenses from each and every right owner in the sound recording. This would, inter alia, include the producer of the sound recording, the lyricist who wrote the lyrics, and the musician who composed the music.” As there are many right holders in a musical sound recording, it becomes very difficult in order to use the law. But, it is really necessary to obtain any license or permission to use a musical sound recording, as of TV news channels, which has been not doing it for years.

The Indian Broadcasting Foundation (IBF) has charged the Human Resource ministry of seeking to amend the Copyright Act 1957 ‘surreptitiously’ at the behest of the music industry, ‘which is now being dominated by the IPRS/PPL – the Copyright Societies, completely ignoring and sidelining the interest of the entire Broadcasting Sector as also the Public interest.’ – (Bhushan Nagpal, www.radioandmusic.com, 26 Nov 09)

‘Although the Copyright Act falls under the ambit of the HRD ministry, it deeply influences the media and broadcasting industry, that is administered by the I&B ministry. According to the broadcasting fraternity, news channels, which enjoy Constitutional protection in respect of free speech and expression, are likely to be most severely hurt by any tinkering with the 'fair use' provisions of the Copyright Act.’ - (Nivedita Mookerji, www.dnaindia.com, 26 Nov 09).

The Act also states that, “The right of reproduction commonly means that no person shall make one or more copies of a work or of a substantial part of it in ANY material form including sound and film recording without the permission of the copyright owner.”

‘Broadcasters have argued that "if the concept of 'fair use' is tinkered with, the revenue of these industries would be deeply affected". It would also impact the quality of the programmes aired by TV channels and radio stations, they have maintained.’ (Nivedita Mookerji, www.dnaindia.com, 26 Nov 09)

The TV channels, which had been using various unlicensed soundtracks, might have to now either pay up royalty to the copyright owners or have to face the law. The copyright board has been substantially ignoring the interest of producers, lyricists and composers since many years. There is an urgent need for the regulatory board with respect to copyrighted works to strictly implement laws. If the TV news channels can produce original news stories (as claimed), they should be in position to produce original music scores.