FICCI-KPMG-Report-13-FRAMES

Recommendations

Info

142 © 2013 KPMG, an Indian Registered Partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved. Online Piracy - How to effectively control the free ride A part of the reason for music’s small proportion of India’s media economy is that popular music in India is dominated by film music, which has a short shelf life and its’ popularity or success is directly proportional to the success or failure of the film at the box office. But a greater reason is internet piracy; it is estimated 55 percent of Internet users in India access unlicensed music services on a monthly basis 81 . The major challenge to entertainment content, whether music or films is digital online piracy, which is continuing unabated and the government has failed to control it despite having the technology, laws and infrastructure to curb it. IMI recently obtained a favourable order from one High Court against a number of illegal sites but the joy was short-lived as another High Court diluted the order and the industry was back to square one. Whether taking legal actions against pirate online platforms is effective is not the question, the more important question is -how long the effect will last and whether it was worth the effort. Shutting down sites through legal processes may be financially and mentally draining and may not be effective because shutting down one massive piracy hub merely creates a void for another to fill. Copyright is an essential driver in the creative process, but if that right is not respected then it is of little use. The pirate sites’ revenue model is advertising. In addition to several smaller advertisers, there are, at times, advertisements from large brands that may be displayed on these sites. Working with larger brands to raise awareness and thereby curb their ads on these sites can be a significant catalyst in reducing online piracy. Also, Internet Service Providers in some countries work closely with content owners and with law enforcement to proactively monitor and restrict pirated content – this approach must be adopted in India too. In the long term, legitimate content is likely to be a large market and it will be in the interest of the ISP to Themes for the future Music publishing is the future Music commerce in India is at the cusp of change. The Copyright (Amendment) Bill, 2012 has been passed in May 2012. This has been welcomed by writers and composers of music as it gives them ownership rights for their works. Aimed at incorporating international and WIPO (World Intellectual Property Organization) norms into existing laws, the new act specifies that the authors (lyricists, composers etc.) of underlying works and assignees (publishers) are each entitled to equal shares of royalties received for the out film use. The 2010 version of the Bill assigned copyright ownership only to producers and record labels. 81. Indian Music Service, Taking Page From Spotify, Goes Pro, 13 Feb 2013, The New York Times work with content owners to promote legitimate music sales. By simply leveraging their existing relationships with brands and their PR agencies, the content and media distribution companies owning the TV & Radio networks may help to address mass scale, enterprise level commercial infringement without necessarily requiring any new legislation by simply approaching these brands and making them realize their social responsibility and how they are doing a irreparable damage to the Indian economy by advertising on these rogue sites. One tweet or a FB post a day by main stream actors / celebrities to any of these brands is all it takes to start building awareness, but will they do it as most of them are brand ambassadors for these brands? Further, the actors and singers who have strong social media following could spread awareness amongst consumers on the importance of appreciating creative rights. The fight against piracy is a not a battle but a war for which the entire industry needs join forces. Where a collaborative approach does not work, the music industry needs to be more pugnacious in its approach to take the brands supporting pirate sites head on. The content industry as well as their well respected institutions such as The Producer’s Guild, major media houses owning Satellite & Radio Networks all host annual award shows where many brands also advertise. This opportunity should be used to educate the corporate world about the damage they may be doing to the creative industry. The content industry associations should use their might, weight and prestige to create an award for brands who respect the creative copyright in a public forum that will enhance their brand value. Unless otherwise noted, all information included in this column/ article was provided by Neeraj Kalyan. The views and opinions expressed herein are those of the authors and do not necessarily represent the views and opinions of KPMG in India. Prior to this, music record companies were handling both master recording and publishing rights in India. As is the case in the West, music rights will now be split between records labels and publishers. Publishers and copyright societies will hence play a critical role in right protection and administration.
FICCI 2013 143 “ The Amendments to the Copyright Act are like an undersea earthquake: all is calm above the waters and the next moment the landscape is unrecognisable. On the one hand, the Amendments will open up untapped revenue streams for the copyright industries, spread the risks and rewards, bring greater transparency, certainty and flexibility to the licensing process; on the other hand, they will unleash a tsunami of data that can only be processed by music publishers and Collective Rights Management Societies. The early adopters will be the biggest gainers; but if you live the Amendments like a trauma then you need good external advice or you won’t be part of the new landscape. “ - Achille Forler Managing Director, Universal Music Publishing Pvt. Ltd. However, the current state of publishing in India is complex given a lack of proper Meta data and documentation. This makes identification of the copyright owners for proper disbursement of revenues a difficult task. There are often multiple publishers for the same piece of content. Complexity in music publishing has deepened with the introduction of a plethora of digital music platforms which need to pay music royalties. The market for music publishing, though at a nascent stage currently, is set to grow rapidly with the introduction of copyright law amendments. Music producers are working towards incorporation of Meta tag information (such as time and date of creation, creator or author of its content, etc.). Producers and composers are continuously approaching publishers to license their works, users of these works are also adhering to copyright rules and obtaining requisite licenses. Indicative of growth expected in the segment, September 2011, Sony Music launched Sony ATV, its international music publishing business in India 82 while Universal Music Publishing Pvt. Ltd. fully acquired Deep Emotions Publishing in 2012. 83 82. Sony/ATV forms exclusive JV with Sony Music for India foray, The Economic Times, Sep 19, 2011 83. soundcloud.com/deep-emotions “ The Amendments are spot on at a time when digital technology, which has been mostly destructive for the copyright industries so far, is now giving us the tools to build a new Golden Age. The much derided political class has shown greater acumen and foresight than the copyright industries: will anyone have the grace to acknowledge that? “ - Achille Forler Managing Director, Universal Music Publishing Pvt. Ltd. © 2013 KPMG, an Indian Registered Partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.
Page 1 and 2:
This heading style is set in Univer
Page 3 and 4:
The power of a billion Realizing th
Page 5 and 6:
Radio too, is set for the - roll ou
Page 7 and 8:
42 Print Regional to the rescue 58
Page 9 and 10:
01 The power of a billion: Realizin
Page 11 and 12:
The power of a billion: Realizing t
Page 13 and 14:
Page 15 and 16:
02 Introduction The power of a bill
Page 17 and 18:
Page 19 and 20:
Page 21 and 22:
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
Page 57 and 58:
Page 59 and 60:
57 Hiring and retaining talent The
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
05 The power of a billion: Realizin
Page 93 and 94: The power of a billion: Realizing t
Page 95 and 96: The smartphone is a very sophistica
Page 109 and 110: “ With brand advertising gatherin
Page 111 and 112: Music The success of the iTunes mod
Page 117 and 118: 06 Round up of the year that was Th
Page 143: The power of a billion: Realizing t
Page 159 and 160: © 2013 KPMG, an Indian Registered
Page 161 and 162: 09 Outlook for the year The power o
Page 169 and 170: 10 The power of a billion: Realizin
Page 175 and 176: 11 Technology The power of a billio
Page 187 and 188: © 2013 KPMG, an Indian Registered
Page 195 and 196:
Page 197 and 198:
Page 199 and 200:
Page 201 and 202:
Acknowledgement We acknowledge the
show all

FICCI-KPMG-Report-13-FRAMES

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?