IPL News Access Guidelines - MAX Television by pengxuebo

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									        DLF Indian Premier League 2011 (the “Tournament”)
Guidelines for News and Current Affairs Broadcasters for Audio Visual
Broadcasting (the “Guidelines”)

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 Hon'ble Courts in India. News Broadcasters may use
        footage from the live telecast of the DLF IPL 2011 by SET MAX, the DLF IPL
        official broadcaster (“Official Broadcaster”), without payment to the Official
        Broadcaster or the BCCI-IPL, 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 DLF IPL 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 DLF IPL 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 BCCI-IPL to produce, inter
      alia, a studio-based wrap around programme currently titled “Extraaa 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 DLF IPL
      season 2012.

FAILURE TO PROVIDE COURTESY BUGS

13.   Courtesy bugs acknowledging the DLF IPL and the Official Broadcaster will be
      pasted by the News Broadcaster throughout the use of content on-air. Both the
      logos of the DLF IPL 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., DLF IPL
      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, DailyMotion, 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 BCCI-IPL (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 BCCI-IPL 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 BCCI-IPL and the Official
      Broadcaster and the BCCI-IPL 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 BCCI-IPL 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
      BCCI-IPL‟s and/or Official Broadcaster‟s right to claim appropriate remedies which
      BCCI-IPL 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, BCCI-IPL may exercise its other
         remedies, including possible immediate suspension of media accreditation for
         overuse of Footage. It is further clarified that BCCI-IPL 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 BCCI-IPL‟s and/or the Official
         Broadcaster‟s right to claim damages, the News Broadcaster hereby (i) agrees to
         indemnify BCCI-IPL 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 BCCI-IPL‟s and/or the Official
         Broadcaster‟s legal remedies directly for such overuse.

20.      Courtesy bugs acknowledging the DLF IPL 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 BCCI-IPL as mala fide intention of the
         News Broadcasters not to acknowledge the copyrights of BCCI-IPL 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 BCCI-IPL and/or Official
         Broadcaster may claim.

Accreditation Terms for Electronic Media

      1. Only one pair (journalist + cameraman) representing an electronic media group
         will be given accreditation, unless otherwise agreed.

      2. Accredited reporters of News Broadcasters will 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.

      3. There will be no bar on players speaking to accredited reporters of News & Current
         Affairs Broadcasters when the Tournament is being played, as long as the interviews
         are conducted as per the BCCI-IPL guidelines.

      4. The limitations on use of photographs on websites contained above shall apply
         equally to News Broadcasters‟ own websites.

Enforcement of Terms

The BCCI-IPL and/or the Official Broadcaster 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, 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, 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 the BCCI-IPL under this
provision.

								
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