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1. TELEVISION LICENSING
By
Dr. Kalyan Kankanala
kalyan@bananaip.com
www.bananaip.com
Personal website: www.kalyankankanala.com

2. ense of License
Fair is Foul- Foul is Fair”

3. LICENSING
ecitals
efinitions
rant
oyalty
erm
onfidentiality and IP

4. RECITALS
ackground
urpose of agreement
rior transaction

5. DEFINITIONS
mportant Terms
onsistently Used
larity
xample
Licensed Recording" shall mean a gramophone disc record magnetic tape record (whether reel to
reel, endless loop, in cassette or cartridge form or otherwise howsoever) or any other contrivance
or appliance whatever bearing or used for emitting sounds known today or developed in the
future.

6. GRANT
Do you need a license?
•Ideas/Themes/Concepts
•Fair Use
•Facts
•Works in Public domain

7. GRANT
arties
orks being granted
ype of License
ights
erritory
edium
erm
estrictions

8. TYPES OF TELEVISIONS
PLATFORMS MODE OF DELIVERY
Pay TV Satellite, Terrestrial, Cable, IPTV
Free-To-Air Satellite, Terrestrial, Cable, IPTV
Local Cable TV Cable
VOD (S/I/T) Satellite, Cable, DTH, Internet, IPTV
Pay Per View Satellite, Cable, DTH, Internet, IPTV
Internet Websites, YouTube, Meta Café, other A/V
platforms
Mobile Mobile TV, through telecom operators

9. GRANT EXAMPLE
icensor hereby grants to the Licensee a non-exclusive license to use the Sound Recording
within the territory of India on television for a period of two years.
ROBLEM?

10. ROYALTY
ypes
• Lumpsum
• Fixed
• Running
ode of payment
ime of payment
ccounts

11. TERM
greement Term
rant Term
oldback
xample:
• ... The Licensor hereby grants a perpetual license ... to the Licensee.
• This agreement shall be valid for a period of two years.
PROBLEM?

12. CONFIDENTIALITY AND IP
reach of Confidence
P Ownership and Rights
hird Party IP
xample: X has an idea for a TV program and approaches your channel. You listen to him
but do not think he can produce the program. You therefore decide to go ahead on your
own by taking only the concept without implementing the specifics of X's idea.
ROBLEM?

13. WARRANTY, LIABILITY AND
INDEMNITY
P Ownership
hird Party liability
ake good the loss

14. INDEMNITY
xample
icensor hereby agrees to indemnify and hold the Licensee harmless from and against any
direct losses arising out of the Licensee's bonafide use of the Licensed Works.
ROBLEM?

15. STATUTORY LICENSE
iterary or Musical works
ound Recording
ommunication to public - Broadcast
erformance

16. BASIC TIPS
repare for the deal
trategy and Planning
egotiation
raft cleverly

17. Thank You.
For more info: www.sinapseblog.com
IP Books: www.kalyankankanala.com