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  • Television Licensing: Dr. Kalyan Kankanala

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    Sandeep M. Hegde
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    This document outlines key aspects of television licensing agreements. It discusses elements like recitals, definitions, types of grants, royalties, terms, confidentiality and intellectual property provisions, warranties and representations, indemnity, and statutory licensing. Examples are provided for grant language, royalty structures, terms, and indemnity clauses. Key licensing types are also defined, such as non-exclusive licenses. The document provides guidance on structuring television licensing contracts and addresses common issues that may arise.

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    Television Licensing

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    This document outlines key aspects of television licensing agreements. It discusses elements like recitals, definitions, types of grants, royalties, terms, confidentiality and intellectual property provisions, warranties and representations, indemnity, and statutory licensing. Examples are provided for grant language, royalty structures, terms, and indemnity clauses. Key licensing types are also defined, such as non-exclusive licenses. The document provides guidance on structuring television licensing contracts and addresses common issues that may arise.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    556 views17 pages

    Television Licensing: Dr. Kalyan Kankanala

    Uploaded by

    Sandeep M. Hegde
    This document outlines key aspects of television licensing agreements. It discusses elements like recitals, definitions, types of grants, royalties, terms, confidentiality and intellectual property provisions, warranties and representations, indemnity, and statutory licensing. Examples are provided for grant language, royalty structures, terms, and indemnity clauses. Key licensing types are also defined, such as non-exclusive licenses. The document provides guidance on structuring television licensing contracts and addresses common issues that may arise.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
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    of 17

    TELEVISION LICENSING

    By

    Dr. Kalyan Kankanala


    kalyan@brainleague.com www.brainleague.com Personal website: www.kalyankankanala.com

    Sense of License

    Fair is Foul- Foul is Fair

    LICENSING
    Recitals Definitions Grant

    Royalty
    Term Confidentiality and IP Warranties and Representations

    Indemnity and Liability

    RECITALS
    Background Purpose of agreement Prior transaction

    DEFINITIONS
    Important Terms Consistently Used Clarity Example "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.

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

    GRANT
    Parties Works being granted Type of License Rights Territory Medium Term Restrictions Sub-licensing Future works

    TYPES OF TELEVISIONS
    PLATFORMS Pay TV Free-To-Air Local Cable TV VOD (S/I/T) Pay Per View MODE OF DELIVERY Satellite, Terrestrial, Cable, IPTV Satellite, Terrestrial, Cable, IPTV Cable Satellite, Cable, DTH, Internet, IPTV Satellite, Cable, DTH, Internet, IPTV

    Internet
    Mobile

    Websites, YouTube, Meta Caf, other A/V platforms


    Mobile TV, through telecom operators

    GRANT EXAMPLE
    Licensor 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.

    PROBLEM?

    ROYALTY
    Types Lumpsum Fixed Running

    Mode of payment
    Time of payment Accounts

    TERM
    Agreement Term Grant Term Holdback

    Example: ... The Licensor hereby grants a perpetual license ... to the Licensee. This agreement shall be valid for a period of two years.

    PROBLEM?

    CONFIDENTIALITY AND IP
    Breach of Confidence IP Ownership and Rights Third Party IP Example: 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.

    PROBLEM?

    WARRANTY, LIABILITY AND INDEMNITY


    IP Ownership Third Party liability Make good the loss

    INDEMNITY
    Example

    Licensor 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.

    PROBLEM?

    STATUTORY LICENSE
    Literary or Musical works Sound Recording

    Communication to public - Broadcast


    Performance

    What can you do?

    BASIC TIPS
    Prepare for the deal Strategy and Planning Negotiation

    Draft cleverly

    Thank You.

    For more info: www.sinapseblog.com

    IP Books: www.kalyankankanala.com

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