Giving assurance to the
online streaming services, the Department of Industrial Policy and Promotion
(DIPP) has clarified in a decision that all forms of broadcasting -including digital
music streaming -fall under section 31(D) of the Copyright Act of 2013.
Section 31(D) of the Act
offers statutory licensing (SL) to broadcasting services, allowing them the
right to offer music to their listeners or customers at rates determined by the
Copyright Board. This provision was
brought into the Act to protect broadcasters from abusive practices of some
music companies, who demanded unreasonable and unjustifiable royalties before
granting permissions. Though the wording of the clause was quite clear in the
Act, music companies had tried to create an impression that the section didn't
apply to digital music services. With this clarification, DIPP has clarified
that section applies to all broadcasters including digital music services.
Government's clarification
on the issue of intellectual property right will bring major relief to services
such as Gaana and Saavn, and will encourage them to renew commitment to their
struggling businesses. Dhingana, another service, which was acquired by global giant
Pandora, was shut down after being unable to fund music royalties.
In digital streaming, most music
services are losing money. Their royalty payments have grown by over 500% in
the last 4 years, with built-in minimum guarantees to the labels. Digital
broadcasters' revenues, however, have grown modestly as the business is taking
the time to develop. Labels also made
restrictions on how their music was used, initially offering the web but not mobile rights, limiting how
consumers could consume content, and restricting what partnerships digital
music services could use.
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