Gillian Wilson, CHRIST (Deemed to be University)
ABSTRACT
The rapid rise of Over-the-Top (OTT) platforms has significantly altered the content distribution landscape, challenging traditional broadcasting models and raising complex legal questions. This paper critically examines whether OTT platforms can be classified as "broadcasting organisations" under the Copyright Act of 1957, specifically focusing on the landmark case of Tips Industries Ltd. v. Wynk Music Ltd. It analyses the statutory definition of broadcasting, the applicability of statutory licensing under Section 31D, and international legal perspectives on the classification of OTT services. Through a comparative legal analysis, the study concludes that OTT platforms operate fundamentally differently from traditional broadcasters, offering on-demand, user-controlled streaming rather than linear, real-time transmission. Consequently, under Indian copyright law, OTT platforms do not qualify as broadcasting organisations and are not entitled to statutory licenses, necessitating direct licensing agreements with copyright holders. The research highlights the urgent need for potential policy reforms to address the evolving digital media landscape while ensuring a balanced approach to copyright protection and content accessibility.
Keywords: Over-the-Top (OTT) Platforms, Broadcasting Organisations, Section 31D of Copyright Act 1957, Tips Industries Ltd. v. Wynk Music Ltd., Statutory Licensing.
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