Guidelines for News and Current Affairs Broadcasters (“the Guidelines”)
Note: Accredited mediapersons will have to sign a hard copy of this note when they collect their respective accreditation cards.
INTRODUCTION
A. These Guidelines are solely for News Broadcasters registered under the category of “News and Current Affairs” channels under the Ministry of Information and Broadcasting's “Downlinking Guidelines” (“News Broadcasters”) and are not applicable to other channels including in particular sports channels or sports news/programmes on sports channels.
B. Usage of Footage and Archive Footage by the News Broadcasters shall be monitored by TAM Media Research Pvt. Ltd. (“TAM”).
C. The Guidelines have been framed on the basis of well-established fair use principles upheld by the Honourable Courts in India. News Broadcasters may use footage from the live telecast of the CLT20 2011 by ESPN, the CLT20 official broadcaster (“Official Broadcaster”), without payment to the Official Broadcaster or the CLT20, within the below specified limits and parameters.
DEFINITIONS
1. For the purposes of these Guidelines, the following capitalized terms shall have the following meanings:
(i) “Archive Footage” shall mean audio-visual or visual-only footage of Match play from any of the previous seasons of the Tournament.
(ii) “Day” shall mean a period of 24 hours from the commencement of a Match.
(iii) “Footage” shall mean audio-visual or visual-only footage of any and all Match play from the CLT20 2011 and shall include any and all in-stadium entertainment and presentation ceremonies.
(iv) “Programmes” shall have such meaning as provided in Clause 6 below.
USE OF FOOTAGE
2. News Broadcasters will be allowed to broadcast a maximum of 5.5 minutes of Footage in a Day strictly in the Programmes.
3. An aggregate of no more than two (2) minutes of Footage may be broadcast per hour of broadcast of Programmes.
4. A maximum of two (2) repeats of Footage may be broadcast in any given hour of news broadcast in the Programmes. For purposes of clarity, the Footage of two (2) minutes per hour of news broadcast, as permitted under Clause 3 above, may only be broadcast twice in that hour, and no further repeats of such Footage will be permitted. In other words, News Broadcasters can broadcast twice only that Footage in a given hour of news broadcast forming part of the Programmes.
5. The use of Live Footage is not permitted at any time and under any circumstances. There will be a minimum of a 30-minute delay from the Live telecast by the Official Broadcaster before telecast of any Match play footage by a News Broadcaster. The term "Live" as used herein shall include the period from the first ball to the last ball of any Match and will extend to the post-Match presentation ceremony.
6. News Broadcasters may use Archive Footage in their Programmes during the subsistence of the Tournament subject to a maximum of six (6) minutes of Archive Footage per Day and provided that (i) no more than two (2) minutes of Archive Footage is used in any given hour of broadcasting of Programmes; and (ii) the total number of exhibitions of any such Archive Footage is limited to four (4) per Day.
As used herein and under the Guidelines, the term “Programmes” shall mean the regular scheduled news bulletins of the News Broadcasters which contain current news and affairs of regional, national and/or international importance and strictly as part of such scheduled news bulletin, sports news (covering current sports news and affairs) is a ‘segment’ in which the Footage or Archive Footage can be broadcasted.
Use of any segments on the Tournament outside the purview of the Programme shall not be permitted and will be considered a violation of the Guidelines. Commercialisation of segments in any manner including by way of sponsorships and insertions of advertisements while showing a segment on CLT20 2011 as part of the Programme shall not be permitted and shall be considered a violation of the Guidelines.
Further, a Programme shall specifically exclude any sports magazine programme produced around the Tournament or player participating in the Tournament and likewise. However, if such segment of sports magazine programme constitutes a part of the scheduled news bulletins in accordance with the aforementioned parameters, then such segment shall be deemed to be a Programme as long as there are no sponsorships for such segments and no ad, sting, logo, graphic or any other commercial (morphing) activity is carried out immediately before, immediately after or during a clip using Footage from any Match, and no association is created between such clip and any third party brand or product.
IMPERMISSIBLE COMMERCIALIZATION AND OTHER METHODS OF BROADCASTING FOOTAGE
7. News Broadcasters are not permitted to merge Archive Footage with Footage to make a new clip/compilation in the form and style of a collage or otherwise. Any Archive Footage merged with Footage shall be treated as Footage and account towards the overall permissible limits of using Footage under Clauses 2 and 3 above, as the case may be.
8. News Broadcasters may not provide regular or real-time score updates in relation to any Match with any advertising, sting, logo, graphic or any other commercial (morphing) activity carried out immediately before, immediately after or during such score update, and no association may be created between such score update and any third party brand or product. Further, no commercial association may be created during the broadcast by the News Broadcasters of any ‘player-of-the-day’, ‘event-of-the-day’, ‘image-of-the-day’ or like feature relating to the Tournament.
9. The use of all Footage and Archive Footage by a News Broadcaster is limited for Programmes purposes, as defined above, and will not be used for any commercial purpose whatsoever including as ‘stand-alone’ programmes or as part of any segments, sponsored programmes, magazine programmes, cricket related programmes, and sports related programmes.
To clarify, a News Broadcaster may commercially exploit a Programme in its entirety in the regular course through normal ad breaks, as long as no ad, sting, logo, graphic or any other commercial (morphing) activity is carried out immediately before, immediately after or during a clip using Footage from any Match, and no association is created between such clip and any third party brand or product.
10. News Broadcasters cannot use the Footage, permitted as per these Guidelines, to make their own compilation or mix the Footage with footage from other television events, sports events (except Archive Footage subject to Clause 6 above), documentaries, interviews out of the context of Tournament, etc. The Footage and the Archive Footage must be used “as is” without alterations or modifications and subject only to editing to meet time constraints for news bulletins.
11. The Official Broadcaster has the exclusive rights from CLT20 to produce, inter alia, a studio-based wrap around programme currently titled “Extra Innings T20”. Under no circumstances, the News Broadcasters shall be permitted to use the Footage from the said show, including by zooming into the television screens placed in the show on which the Footage may be exhibited by the Official Broadcaster.
USAGE OF FOOTAGE AFTER COMPLETION OF THE TOURNAMENT
12. Upon the completion of the Tournament, use may be made of archival clips of the Footage by the News Broadcaster up to a maximum of two (2) minutes per day for Programme purposes only until the commencement of the next CLT20 season 2012.
FAILURE TO PROVIDE COURTESY BUGS
13. Courtesy bugs acknowledging the CLT20 and the Official Broadcaster will be pasted by the News Broadcaster throughout the use of content on-air. Both the logos of the CLT20 and the Official Broadcaster should be seen “as is” or referred to with due prominence. If either of the logos is covered by the News Broadcaster's logo or overlays, there must be a source credit or a courtesy line extended at the bottom of the screen displayed in the same font size as the News Broadcaster’s own logo or overlay.
14. News Broadcasters must carry the name of the league and the logo, viz., CLT20 in all their broadcast mentions.
STREAMING ON THE OFFICIAL WEBSITES OF THE NEWS BROADCASTERS
15. Nothing contained herein prohibits a News Broadcaster from continuing to undertake live video streaming simulcasts of its news channels on the channel’s official website provided that the content being streamed on the channel website is the exact replica of the program run on the News Broadcaster’s news channel, it is displayed simultaneously with its television news broadcast and such simulcasting is customarily provided on the official website by the channel for all content that it broadcasts in the ordinary course. It is clarified that live video streaming simulcasting of the news broadcast that includes Footage may be undertaken only on the News Broadcaster’s official website and not on any cricket website or any other website, whether or not owned by the News Broadcaster. Notwithstanding the aforementioned, News Broadcasters shall not display deferred or archived Footage or Archive Footage, whether as part of news bulletin or otherwise, on their own official website or via their account or otherwise on a third-party video-upload site such as YouTube, Daily Motion, etc.
ENFORCEMENT AND CONSEQUENCES OF VIOLATIONS OF THE GUIDELINES
16. Any use beyond these Guidelines if not under a prior bilateral agreement between the relevant News Broadcaster and the Official Broadcaster will be treated as a violation.
17. The CLT20 (together with the Official Broadcaster) retains and, to the extent required, is hereby granted by the relevant copyright owner governed by these Guidelines by virtue of use of Footage and/or Archive Footage hereunder, the rights to monitor and enforce compliance by News Broadcasters and associated and unassociated third parties with these guidelines (whether by means of anti-infringement actions, legal proceedings or otherwise) and with the copyright law in force. In all such cases the relevant News Broadcaster will not undertake any act to obstruct, nullify or obviate the rights of the CLT20 granted hereunder. Usage by News Broadcasters of Footage and/or Archive Footage in connection with the Tournament shall be monitored by TAM on behalf of the CLT20 and the Official Broadcaster and the CLT20 and the Official Broadcaster each expressly reserve all of their respective legal rights and remedies against any News Broadcaster that breaches the Guidelines which shall be explicitly in addition to any specified remedies hereunder in relation to certain violations of Guidelines.
18. Nothing contained in these Guidelines shall limit the rights of the CLT20 or the Official Broadcaster to exercise remedies available under law or contract for violations of these Guidelines, including for specific relief and through potential immediate revocation, suspension or cancellation of media accreditation.
19. News Broadcasters may only use Footage as above without financial obligation to the Official Broadcaster. Any use beyond as permitted under these Guidelines, if not under a prior bilateral agreement between the relevant News Broadcaster and the Official Broadcaster, will be treated as a material violation and shall be subject to CLT20’s and/or Official Broadcaster’s right to claim appropriate remedies which CLT20 and/or Official Broadcaster may have under the law or under equity including but not limited to damages in addition to and/or in substitution for specific relief.
Without limiting the scope of aforementioned, CLT20 may exercise its other remedies, including possible immediate suspension of media accreditation for overuse of Footage. It is further clarified that CLT20 has certain legal obligations to Official Broadcaster and is only able to grant rights hereunder subject to the limitations contained hereunder the Guidelines. If the use of Footage or Archive Footage exceeds such limitations, in addition to CLT20’s and/or the Official Broadcaster’s right to claim damages, the News Broadcaster hereby (i) agrees to indemnify CLT20 and the Official Broadcaster for any and all losses or damages as a result of the violation and breach of their agreement resulting from such overuse and (ii) acknowledges that it may be subject to CLT20’s and/or the Official Broadcaster’s legal remedies directly for such overuse.
20. Courtesy bugs acknowledging the CLT20 and the Official Broadcaster if not pasted by the News Broadcaster in any clip of Footage in accordance with Guidelines 13 and 14, it shall be considered as a serious violation of the said Guidelines and shall be considered by CLT20 as mala fide intention of the News Broadcasters not to acknowledge the copyrights of CLT20 in the Footage and shall tantamount to misrepresentation of the ownership of copyrights in the Footage by the News Broadcasters to the public. Any such singular act or collective acts of violations by the News Broadcasters shall be subject to appropriate legal action in addition to damages that CLT20 and/or Official Broadcaster may claim.
Accreditation Terms for Electronic Media
Only one pair (journalist + cameraman) representing an electronic Media Organisation will be given accreditation, unless otherwise agreed by CLT20 in its absolute discretion.
Accredited reporters of such Media Organisations may be given a seat in the main press box, subject to availability of space. Accredited reporters may be accommodated in any other enclosure on account of lack of space in the main press box.
There will be no bar on players speaking to accredited reporters of News & Current Affairs Broadcasters that are Media Organisations when the Tournament is being played, as long as the interviews are conducted in full compliance with CLT20’s guidelines.
The limitations on use of Photographs on websites contained above shall apply equally to Media Organisations’ own websites.
Enforcement of Terms
CLT20 retains and, to the extent required, is hereby granted by the relevant copyright owner governed by these Terms, the rights to enforce compliance by Accredited Parties, Media Organisations, News Agencies, Electronic Media Groups, News Broadcasters and associated and unassociated third parties with these Terms (whether by means of anti-infringement actions, legal proceedings or otherwise) and with the copyright law in force. In all such cases the Accredited Parties, Media Organisations, News Agencies, Electronic Media Groups, News Broadcasters and websites governed by these Terms will not undertake any act to obstruct, nullify or obviate the rights of CLT20 under this provision.
