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owners: an issue
History
Television was first introduced in India in 1959 and only government
run broadcaster Doordarshan began broadcasting . There were
only a few hours for which doordarshan broadcasts the shows on
Sundays . The unforgettable series ‘Ramayan’ (also known as
Ramanand Sagar's Ramayan) is an Indian Hindi-language epic
television series based on ancient Indian Sanskrit Epic Ramayana.
The show was created, written, and directed by Ramanand Sagar.
In India, the series was originally broadcast on DD National from 25
January 1987 to 31 July 1988 with widespread viewership of 82% ,
highest viewership in the world.People used to close their shops on
sundays and bath religiously before sitting before their TVs and
showed agarbatti and diyas to the televisions as they had that kind
of faith in gods and goddesses . Another popular mythological
series ‘Mahabharat’ directed by BR Chopra was also aired during
those times .
Then came the era of cable television in 1992 which
changed the throne of Doordarshan . In the early days of television,
signals were transmitted through antennas, providing a handful of
channels to viewers. The introduction of cable TV in the 1990s
aimed to enhance reception and expand the number of available
channels by delivering signals through coaxial cables or fibre optic
cables. This technological advancement paved the way for a new
era in television broadcasting.Now we can watch innumerable TV
shows,news, sports , movies etc. Viewers are no longer restricted
to the specific timings of the shows as there were during the
Doordarshan times.
Copyright Issue
India has been facing the copyright issue since times immemorial.
We have the Copyright Act of 1957 which provides us guidelines
about what is copyright and when and how a suit can be filed for the
infringement of copyright .
• Licensing Agreements
CASE LAWS
• Star India Private Ltd. v. Leo Burnett (India) Private Ltd. &
Ors. (2003): The question of whether cable operators that
broadcast television channels without permission were liable
for copyright infringement was the subject of this case.The
Court held that cable operators who re-transmit television
signals without authorization from the copyright owner were
liable for infringement.
• ESPN Software India Pvt. Ltd. & Ors. v. Tudu Enterprise &
Ors. (2012): In this case, the Court held that cable operators
who distribute signals of sports channels without authorization
are infringing on the copyrights of the broadcasters.
Conclusion:
In conclusion, cable television is a significant part of the media
landscape in India. However, many cable TV operators are engaging
in copyright infringement. The government has taken several
measures to address this issue, including the introduction of the DAS
system. While these measures have helped to reduce the incidence
of copyright infringement, there is still a long way to go in terms of
protecting the rights of content creators and broadcasters.
Cable television and copyright protection are two important topics
that have long been up for discussion in India. However, the lack of
effective copyright protection has led to rampant piracy and
unauthorised broadcasting of copyrighted content on cable
networks.The Indian government has made a number of measures
to solve this issue, including the Introduction of the Cable Television
Networks (Regulation) Act, which requires cable operators to Obtain
licences and Follow certain regulations regarding the content they
broadcast. Additionally, the government has implemented
Digitalization of cable networks to prevent piracy and unauthorised
broadcasting of content.
However, there are still challenges in enforcing copyright protection
on cable television in India, and to properly address this issue, better
legal frameworks and enforcement measures are required.
In conclusion, while cable television has been an important mode of
entertainment in India, copyright protection is essential to ensure the
rights of content creators are protected. The Indian government has
taken several steps to address this issue, but there is still a need for
further efforts to strengthen the legal framework and enforcement
mechanisms to effectively protect copyright in the cable television
industry.
References
• The Indian Copyright Act, 1957
• Copyright Law in India by A book by Feroz Ali.
• TRAI (Telecom Regulatory Authority of India)
• Association of Cable Operators of India (ACOI)
• The Cable Television Networks (Amendment) Rules, 2021
• Cable Television Networks (Regulation) Act, 1995 — The Centre
for Internet and Society.