Mr.

Abhishek Singh: We refer to your e-mail below wherein you have claimed copyright in a video made available on your Youtube account at http://www.youtube.com/watch?v=znjjcXcz3Wk ( A lleged Video ) and alleging illegal use of the said Video on our English news chan nel Times Now ( Channel ). TIMES NOW is a 24 7 English News and Current Affairs Channel owned and operated by Times Global Broadcasting Company Limited (TGBCL) which is a group company of Bennett, Coleman and Company Limited (BCCL), the flagship company of the Times of India Group and is a subsidiary of BCCL. The channel not only establishes, bu t also adheres to high standards of journalism, ethics and news reporting on whi ch viewers rely to get news that s relevant and compelling. TGBCL also operates, m anages and controls a website TIMESNOW.tv - Latest Breaking News, Online TV News , News Videos and Current Affairs at Times Now ( Channel website ) wherein videos of news reports, shows and programmes aired on the Channel are uploaded and made a vailable to the general public with the intent of dissemination of news. At the outset, we are shocked and surprised to receive such a baseless notice. W e vehemently deny your allegations of illegal use by us of the Alleged Video on our Channel. Please note that the Alleged Video was partly used by the Channel w hile showing a news report relating to a DGCA report on Kingfisher Airlines on s afety and maintenance related issues ( News Report ). As such, the said News Report was based on reporting of current events, which, please note, is an exception to an infringement of copyright under Section 52 of the Copyright Act, 1957 . On the contrary, without prejudice to our foregoing submissions, please be infor med that there subsists no copyright or any other similar right in the Alleged V ideo and we hereby put you to strict proof thereof. Further, without prejudice to the foregoing submissions, please note that your c opyright claim in the Alleged Video uploaded on a social networking website www.y outube.com ( Youtube ) is not in accordance with the Youtube Terms of Service. The sa id Terms of Service specifically mention that any user uploading content on Yout ube ought to have the necessary licenses, rights, consents, and permissions to p ublish/upload such content (point 6B of Terms of Service). Further, please perus e and take note of the following relevant provisions of Youtube Terms of Service : i) You further agree that Content you submit to the Service will not contain thi rd party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the ma terial or you are otherwise legally entitled to post the material and to grant Y ouTube all of the license rights granted herein. (point 6C) ii) You also hereby grant each user of the Service a non-exclusive license to ac cess your Content through the Service, and to use, reproduce, distribute, displa y, publish, make available online or electronically transmit, and perform such C ontent as permitted through the functionality of the Service and under these Ter ms of Service. (point 6D) Upon a bare perusal of the Youtube Terms of Service and especially the foregoing terms, it is further stated that the Alleged Video contains third party proprie ty rights and Intellectual Property Rights which you are not entitled or authori zed to publish/upload on Youtube. Further, any third party user accessing Youtub e is granted the right to access the Alleged Video and the right to reproduce, d istribute, publish the same in accordance with the said Terms of Service. As suc h, merely uploading the said Video on Youtube does not grant you any copyright o r any other right in the Alleged Video, as claimed by you in your email below.

In view of the foregoing submission, please note that the Alleged Video, prima f acie, does not merit any copyright protection merely by being recorded, shot or posted/published on Youtube by you. The use of the Alleged Video in the News Rep ort was done with the intention of reporting news relating to current events and does not require any prior written approval and cannot, by any stretch of imagi nation, be termed as commercial use as alleged by you in your email below. Any att empt to deny this right shall amount to violation of the freedom of press, freed om of speech and expression enshrined under Article 19 of the Constitution of In dia. We therefore, deny your claim of Rs. 43,152/- or any amount whatsoever, for alle ged commercial use of the Alleged Video by us in the News Report broadcast on ou r Channel and made available on the Channel Website for the purpose of dissemina tion of news. We hope that we have clarified our position sufficiently in this matter. Needles s to state, we are not liable in any manner viz-a-viz the allegations made in yo ur email below and if you are ill-advised to proceed against us in a Court of La w or any other forum, the same shall be entirely at your risk, as to cost and co nsequences thereof. In view of the above we are hereby call upon you to cease from issuing such friv olous and baseless notices. Yours sincerely, For Times Global Broadcasting Company Limited Aamod Gupte Authorized Signatory