Prasar Bharati
Directorate General: Doordarshan
Sub: Guidelines for Acquisition of Programmes
At present Doordarshan in mainly procuring software for its channels either through sponsorship or through in-house production. Some programmes are also being commissioned. However, there is no provision for acquisition of the programmes. Though royalty rates exist for one off telecast, there is no procedure for bulk acquisition of the software. Hence it has been decided to evolve the following guidelines for acquisition of programmes.
1. Short Title and Commencement
These guidelines may be called ‘Prasar Bharati guidelines for acquisition of programmes’. They will come into force with immediate effect.
Acquisition of Programmes
(i) With a view to procuring good quality software relevant to, Doordarshan requirements, Doordarshan proposes to acquire ready-made programmes, which are as per Channel requirements from outside producer/production houses. Such acquisition will be operated as per the following guidelines:
A. Aims and objects
Doordarshan should aim at acquiring quality software having long shelf life by synergizing respective strengths of Doordarshan and the applicant (s). Acquisition could be on a short-term basis (for a period of three years) or on perpetual basis.
B. Eligibility
Doordarshan shall call for open bids for acquisition of programmes from reputed outside producers, production houses, and other organizations of repute with a view to acquiring quality software keeping in view its requirements.
C. Mode of Application for Short-term Acquisition
The bids will be called for the following categories of programmes:
The programmes, which have not been telecast earlier on Doordarshan or any other private channel.
The programmes which have been telecast earlier on Doordarshan or / and any other private channel.
The bid should contain the following details:
Concept, title, language and genre.
Treatment
Synopsis of the story in case of fiction based programmes
Detailed scenario script of at least 4 episodes. In case episodes of a programme are fewer in number the detailed scenario script of all the episodes.
Duration of the programmes.
DVCPRO-50 cassettes of the programmes.
Documents and affidavit regarding genuineness of the Right holder.
An affidavit declaring that the programme has not been earlier telecast on Doordarshan or any other private channel in case of category at (i) above. In case the programme has been telecast earlier on Doordarshan/any other channel, it should specify the channel (s) on which telecast, date (s) of telecast and TRP, if any
Indemnity Bond indemnifying Doordarshan against any copyright violation.
Income Tax clearance Certificate issued by Income Tax authorities/PAN Card issued by Income Tax Department
Relevant details regarding the applicant such as audited balance sheets, profit and loss account, annual reports, partnership agreement, etc. for the last three years.
Details of creative team/crew members including names, bio-data and addresses of the Director, Researcher, script writer, director of photography and music director.
Doordarshan may at its discretion relax any of the above requirements in cases of such applicants whose bona fides are known and established in the media world. Doordarshan may also seek further clarifications during the course of processing.
D. Mode of application for acquisition of perpetual rights of the programmes
While for short-term acquisition, proposal will be called as mentioned in clause (c) above and no financial quotes will be called as acquisition will be made at the fixed rates, in case of acquisition of software with perpetual rights, proposals will have to be submitted in two parts, viz. pre-qualification bid and price bid respectively. While pre-qualification bid will contain all the details as mentioned in clause (c) above, price bid will consist of the price quoted by the producer and will be taken up for examination only after the acceptance of the pre-qualification bid. These two parts shall be submitted in separate sealed covers within another sealed cover.
E. Processing Fee
The applications would be required to pay a non-refundable processing fee of Rs. 10,000/- for each of the proposal separately. The fee would be payable through bank draft in favour of PBBCI, Director General, Doordarshan, New Delhi.
F. Evaluation-cum-Costing-Committee
The proposals will be processed by an Evaluation-cum-Section Committee. The constitution of the Committee at headquarters will be as under:
ADG/DDG in-charge of the acquisition – Chairperson.
DDG (Commercial and Sales)
One ADG/DDG of any other Channel
Director (commercial and Sales)/Director Marketing
Director of Programmes (Acquisition)- Convener
Director Engineering (Headquarters)
3 experts (including one lady) to be nominated out of the panel(s) of 15 experts approved by DG/Member (Finance)/CEO, Prasar Bharati drawn from the fields of entertainments, films, media extra for a period of 2 years from the date of the approval. The names of experts for particular meeting will be finalized by DDG (Acquisition) from the approved panel.
G. Evaluation-cum-Selection Committee at Regional Kendras
The Evaluation-cum-Selection Committee at Regional Kendras shall comprise the following officials:
DDG in-charge of the Zone-Chairman.
Director of the Kendra
Chief Producer/Executive Producer (in-charge of acquisition)-convener
Programme Officer (acquisition)
Supdt. Engineer / Station Engineer
Three outside experts (including one lady) to be nominated out of the panel of 15 experts approved by DG: Doordarshan/Member (Finance)/CEO Prasar Bharati drawn from the fields of entertainment, films, media, etc. for a period of 2 years from the date of approval. The names of experts for a particular meeting will be finalized by Zonal DDG from the approved panel.
In case of non-availability of Chairmen of the Evaluation-cum-Selection Committee at Headquarters as well as Kendra level, the senior most member of the Committee will act as Chairman.
H. Evaluation-cum-Selection Committee
Duties:
The Committee shall examine in detail all aspects of proposal and decide upon its suitability and feasibility for Doordarshan.
The Committee shall also view the cassettes of the programme to adjudge its production and technical quality,
The Committee shall also take into account inter-alia the shelf life of the programme for deciding the acquisition.
The Committee shall recommend the number of episodes to be acquired in case of programmes of different genres.
In case of the programmes already telecast on Doordarshan or/and other Channel, TRP of the programme, if available, will be given due weightage.
The Committee shall ensure that programmes to be acquired conform to the Broadcasting Code of Prasar Bharati.
The Committee would record its recommendations for final approval by the Director General, Doordarshan also indicating reasons for recommending rejection/acceptance of the proposals.
In such cases in which it is not possible to hold the formal meeting of the committee due to shortage of time, the decision shall be taken by circulation of file/preview of cassettes.
I. Costing Committee
For short-term acquisition of software, the recommendations of the Evaluation-cum-Selection Committee will be final and there will be no Costing Committee as acquisition will be made at the rates given in Clause (j) below. But in case of acquisition of perpetual rights, while pre-qualification bid will be processed by Evaluation-cum-Selection Committee at the Headquarters as well as Kendra in accordance with the duties assigned to them at clause (h) above, price bids in respect of the proposals short-listed by the Evaluation-cum-Selection Committee will be processed by the Costing Committee. The composition of the Costing Committee at a Headquarters shall be as under:
ADG/DDG in-charge of the Acquisition-Chairperson
DDG (Commercial and Sales)
One ADG/DDG of any other Channel
DDG (Finance)
Director of Programmes (Acquisition) – Convener
Director (Commercial & Sales)/ Director (Marketing)
Director Engineering (Headquarters)
The Costing Committee at the Regional Kendras will be as follows.
DDG in charge of the zone-Chairman
Director of the Kendra
Chief Producer
Supdt. Engineer/Station Engineer
Executive Producer/Dy. Director (Prog.)
DDA (Finance & Admn.) / Sr. Admn. Officer
In case of non-availability of Chairman of the Committee due to any reason, the senior most member will act as Chairman.
A.
J. Acquisition Charges for Short-term acquisition
The following rates would apply to the acquisition to be made by DG: Doordarshan on short-term basis i.e. for a period of three years
I) For Fresh Programmes not telecast earlier on Doordarshan/any other Channel
(a) The rate payable will be Rs. 50,000/- per episode or less if the programmes are to be taken for satellite channels alone with the proviso that rights of one telecast each on all the satellite channels of Doordarshan will be permissible during a period of 3 years. In addition, Doordarshan will reserve the right to telecast the programmes once on any/all of its Regional Language Satellite Channels without any extra payment.
(b) A rate of Rs. 75,000/- per episodes will be admissible for rights of one telecast on the terrestrial channels of Doordarshan apart from one telecast each on all the satellite channels of Doordarshan for a period of 3 years. In addition, Doordarshan will reserve the right to telecast the programmes once on any/all of its Regional Language Satellite Channels without any extra payment.
(c) As regards animation films, the rate payable will be Rs. 75,000/- per episode for rights of one telecast on each of the satellite channels of Doordarshan during a period of 3 years. A rate of Rs. 1,00,000/- per episode will be admissible for rights of one telecast on the terrestrial channels of Doordarshan apart from one telecast on each of the satellite channels of Doordarshan for a period of 3 years. In both the above cases, Doordarshan will reserve the right to telecast the programmes once on any/all of its Regional Language Satellite Channels without any extra payment.
II) For Programmes telecast earlier on Doordarshan/any other Channel
As regards the programmes which have been shown on any of the Doordarshan channels or any other private channel previously, an amount of Rs. 25,000/- per episode will be payable for acquiring rights for single telecast on each of the terrestrial and satellite channels of Doordarshan for a period of 3 years. In addition, Doordarshan will reserve the right to telecast the programmes once on any/all of its Regional Language Satellite channel without any extra payment.
III) Nation/International Award winning Programmes
In case of programmes which have won National/International Awards, the rate payable will be Rs. 1,50,000/- per episode for rights of one telecast on each of the terrestrial and satellite channels of Doordarshan. Apart from the above, Doordarshan will reserve the right to telecast the programmes once on any/all of its Regional Language Satellite Channels without additional payment.
IV) Acquisition by Regional Kendras
The above rates would also apply mutatis mutandis for acquisitions to be made by the Regional Kendras with a proviso that Doordarshan would reserve the right to telecast the programmes so acquired once on all terrestrial and satellite channels of Doordarshan including any/all the regional Language Satellite Channels during a period of three years and thrice during the above period on the Regional Language Channel concerned which acquired the programme during the above period.
K. Payment & Bank Guarantee for short-term Acquisition
The payments will be made within 30 days of the acquisition of programmes subject to certification by the concerned Channel about the satisfactory technical quality of the tape. In case the tapes submitted are found to be unfit for telecast after one or two telecasts but in terms of the agreement, the period of rights i.e. three years is yet to be over, the producer will be required to replace the tape with a technically acceptable tape free of cost. The producer will be required to submit a performance Bank Guarantee of 10% of the transaction value for the period Doordarshan is granted rights for the programme which would be released on expiry of the agreement. In case of default by the producer in replacing the defective tapes, or any other default etc. Doordarshan reserves the right to encash the Bank Guarantee after 30 days of giving a written notice to remedy the situation.
L. Payments for Programmes with Perpetual rights
Master tape of the programmes will have to be submitted by the producer along with the copyright agreement duly signed by the producer. On submission of the above and other requisite documents and verification of technical quality of tape, payment to the extent of 90% of the transaction value will be released within 30 days and balance 10% within 90 days.
M. Terms and Conditions of the Acquisition
Acquisition will be considered with Doordarshan having non-exclusive rights for a minimum period of three years or perpetual rights on exclusive basis.
Acquisition will be accepted with telecast rights for different DD Channels as mentioned in Clause (j) above.
The acquisition charge mentioned in Clause (j) above would apply to short-term acquisition of a programme of the duration of the 22-1/2 minutes to 30 minutes. For a programme of longer/shorter duration, rates would be worked out on pro rata basis.
The producer will produce the programme of DVCPRO-50 format and will submit the telecast tape to Doordarshan on DVCPRO-50 along with a VHS copy of the programme. In case of perpetual rights, the producer will submit the master tape as well in addition and sign an Agreement with Doordarshan passing on the copyrights.
Programme should maintain excellence in both aesthetic and technical quality of production. Technically it should conform to ITU-R specifications for video and chrominance levels: Typically maximum luminance. 1 volt P-P with 0.7 volts and 0.3 volts of sync. Pulse Maximum Chrominance saturation = 100% (colour difference signal = 0.7 volts). Audio level of the programme should be with in the range of -5 db to +4 db.
Length of opening and closing credit/title may be restricted to 30seconds.
The acquisition rights would be for terrestrial and satellite channels and new emerging technologies such as DTT, DTH etc. While for perpetual rights, even CD rights would also be included, short-term acquisition will include all the rights except CD rights.
Any producer/production house who is guilty of giving incorrect/misleading information to Doordarshan in respect to his proposal is liable to be blacklisted.
A producer/production house, who has any dues outstanding against him (except those whose cases are sub-judice /in arbitration) will either have to clear the dues or get the repayment plan approved before his programmes are considered for acquisition.
Courts at Delhi shall alone have the jurisdiction to decide any dispute arising out of this Scheme, on the National Channels and the respective state capitals for regional language programmes.
Doordarshan will be free to get the programmes so acquired dubbed in any language at its own cost.
N. Exemptions
Notwithstanding anything contained in these guidelines, Doordarshan may with the prior approval of the Empowered Committee consisting of CEO, Prasar Bharati, Member (Finance) and DG: Doordarshan accept any proposal under this scheme in relaxation of any of these guidelines for the reasons to be recorded in writing. Such decision of the Empowered Committee will be got ratified by Prasar Bharati Board in its next meeting.
PROGRAMME ACQUISITION AGREEMENT
This Agreement is made at New Delhi on this_________________ day of __________ TWO THOUSAND between PRASAR BHARATI (Broadcasting Corporation of India), a body corporate established under PRASAR BHARATI (Broadcasting Corporation of India) Act, 1990 through Director General: Doordarshan, Doordarshan Bhawan, Copernicus Marg, New Delhi-110001, (hereinafter referred to as “DOORDARSHAN”) which expression shall include all its officers, successors and assign on the FIRST PART, AND_________________ having its office at __________________________ (hereinafter referred to as______________________) which expression shall include all its officers, successors and assigns on the SECOND PART.
WHEREAS Doordarshan is desirous of telecasting the programme on its domestic and global television network channels and for this purpose Doordarshan is considering programme offered by the _________________ for obtaining the rights for telecast of the programme under short-term acquisition category within India and also abroad on the above Channels (hereinafter the telecast Rights”)
WHEREAS __________________________ represents and warrants to Doordarshan that the _____________ is the producer/Sole and absolute TV owner of all the rights in India and abroad including television rights to Documentary programme entitled ________________________ in ________________ episodes (30 minutes each) in __________________ Language, (hereinafter referred to as the PROGRAMME) and is legally entitled and competent to offer the programme for its telecast by Doordarshan on its television channels National Network, Doordarshan World Channel and Regional Channels (hereinafter referred to as the CHANNELS) under short-term acquisition category and offer to grant to Doordarshan telecast rights for the above noted programme.
AND WHEREAS __________________ has agreed to grant the Telecast rights to Doordarshan under short-term acquisition category for the purpose of telecasting the programme on its domestic and global television network channels on the terms and conditions contained hereinafter:
NOW THIS AGREEMENT WITNESSETH AND THE PARTIES HERETO AGREE AS UNDER: -
PROGRAMME:
This agreement is executed in respect of short-term acquisition of telecast the Documentary Programme entitled------------------------------------- in English, in ----------------------(-----------------------------) episodes (30 Minutes Each) for three years on Non Exclusive Basis.
RIGHTS:
(A) The________________ hereby agrees, declares, assures and confirms to Doordarshan that the ___________________ is the sole excusive and unencumbered and effective TV rights (Terrestrial, Satellite Domestic & Global) holder of the programme including the Telecast rights attached thereto.
(B) The programme has not been telecast earlier on Doordarshan or any other private channel in India or abroad.
(C) The _______________________hereby confers and grants all the rights including the acquisition and retention of multiple screening rights and the telecasting rights of the programme to Doordarshan, for a period of 3 years from the date of signing the agreement and acquisition of the programme on any of the Doordarshan Channels on Non-Exclusive Basis (hereafter “Contracted Period”). It is agreed between the parties that in the event a competent court/s by its order, judgment, directions stay and / or restrain Doordarshan or the applicant from the telecast of the programme on any Channels, the contract period shall be extended by such period of stay and / or restrain operating upon such programme.
(D) _______________ shall, at its own expenses, make available to Doordarshan ___________________-- brand new prints to the programme for the purpose of telecast in the DVCPRO-50 format with ENGLISH commentary/presentation. These prints shall be returned to the _________________ after expiry of the contracted period.
(E) In the event of any objection/claim from distributor/s or TV rights holder or any outside party or parties against the telecast of the programme or its telecast rights,______________________ shall address such objection or claims and have the same cleared at his own costs, risks and consequences, in the manner that the Telecast rights are available to Doordarshan.
(F) The rights to telecast each episode of the Documentary programme_____________________ for multiple telecast on various Doordarshan Channels including the Satellite Channels and DD-India shall be with Doordarshan for short- term acquisition period of three years. In case one or more repeat telecasts cannot be made during the period of subsistence of this agreement, Doordarshan will be liberty to carry the repeat telecast for the period specified in Clause 5.
(G) ______________ hereby confirm and declare that programme is produced by________________________ and that they have global terrestrial and satellite rights for the same.
(H) _________________ ensures & declares that all the episodes are fresh and do not have clippings if any previous recordings. In case of deviations, payment shall not be made.
CONSIDERATION:
(a) In consideration for the Telecast rights of the programme under the Provisions hereof, Doordarshan will pay to ________________ one time Acquisition-cum-Royalty charges @ Rs __________ per episode for multiple telecast during the period of three years. In addition, Doordarshan will reserve the right to telecast the programme on any or all of its Regional Language (s) Satellite Channels without any extra payment.
(b) Payment of consideration by Doordarshan in accordance with the aforesaid clause shall be the complete discharge of Doordarshan of its obligations towards any payment for the programme or its Telecast Rights and the ___________ shall have no other claim or demand on Doordarshan in respect of the grant of the Telecast Rights to the programme under short-term acquisition. ________________________ shall be fully responsible for the due discharge and performance of the obligations and undertaking on his part.
(c) All taxes/ Levies/charges whatsoever relating to payment of the consideration or part thereof shall be borne by and be to the account of the _____________________.
4. PAYMENT & BANK GUARANTEE:
The concerned channel after having satisfactory technical quality of the tape will make the payment within 30 days of the acquisition of programme and its certification. In case the tapes submitted are found to be unfit for telecast after one or two telecast but in terms of the agreement, the period of rights i.e. three years is yet to be over, ___________________ will be required to replace a tape with a technically acceptable tape free of cost. ________________________ will be required to submit a performance Bank Guarantee of 10% of the transaction value for the period Doordarshan is granted rights for the programme. The validity of Bank Guarantee should be six months beyond the contracted/Acquired period. In case of default by ____________ in replacing the effective tapes, or any other fault etc. Doordarshan reserves the right to encash the Bank Guarantee after 30 days of giving a written notice to remedy the situation.
5. TERM:
This agreement shall come into force from 1st (First) Day of the signing the agreement acquisition of the programme tapes subject to satisfactory technical quality of the episodes hereof and will be valid during the Contracted/Acquired Period within which Doordarshan will have the right of multiple telecast the programme on its channels. The short-term acquisition period for the programmes is three (3) years only on Non Excusive Basis.
6. DELIVERY:
(a) ______________ agree to submit all tapes of the programmes within 15 (Fifteen) days of the execution of this agreement. In case if he falls to submit within 15 (Fifteen) days this agreement with ipso facto stand terminated.
(b) ________________ will submit the telecast tape to Doordarshan on DVCPRO-50 along with VHS copy of the programme.
(c) The date of signing the agreement and delivery, the tapes will; be read acquisition date.
7. WARRANTIES
_________HEREBY WARRANTS AND CONVENANTS TO DOORDARSHAN THAT:
The ______________is authorized to enter into the agreement and perform its obligations hereunder.
The ______________ is the Producer/Rights holder of the programme.
The ______________ is the absolute owner of all the rights of the programme in India and abroad including the telecast rights.
8. INDEMNITIES:
The_________________ shall indemnify and keep fully indemnified Doordarshan, its employees and agents from and against all claims including any third party claims, demands, actions, proceedings, damages, liabilities, costs and expenses whatsoever, (including legal fees and expenses actually incurred) arising directly or indirectly our of,
Any actual misrepresentation of actual negation of any of the representations, assurance and warranties provided by the ____________under this agreement including those provided in clause 1,3 and 10, which may arise due to the telecast of the programme by Doordarshan.
ii. Arising out of or in connection with any breach by _____________of this agreement.
iii. Any claims including any third party claims that may arise upon or be made against Doordarshan in respect of or due to the telecast of the programme in accordance hereof.
iv. ____________ shall indemnify Doordarshan from any controversies arising out of the telecasting of the programme as ANNEXURE ‘A’ enclosed herewith.
9. CONCILIATION & ARBITRATION
In case any difference and/or dispute, arises the parties shall (settle) by (the parties amicably by) mutual conciliation. If for any reason, such disputes and / or differences cannot be resolved amicably, the same shall be referred to Sole Arbitrator to be appointed by Chief Executive Officer of Prasar Bharati (BCI), whose decision shall be final and binding on both parties and shall be governed by the Arbitration and Conciliation Act, 1996. The venue for such arbitration shall be NEW DELHI (INDIA).
10. JURISDICTION
Courts at Delhi shall alone have the jurisdiction to decide any dispute arising out of the scheme, on the national channels and the respective state capitals for regional languages programmes.
11. OTHER TERMS AND CONDITIONS
No delay or failure by either party to exercise any of its rights or remedies under the agreement shall operate as a waiver by that party of any such rights and remedies may be exercised at any time and as often as the party entitled to such rights or remedy deems fit.
Nothing in the agreement shall be taken to constitute a joint ventre or partnership between the parties.
That this agreement shall constitutes the entire agreement between the parties here to in relation to the subject matter hereof.
11. NOTICES
All notices to be served under this agreement shall be writing and sent by first class recorded delivery post or by fax to the address and/ or fax number of the party to be served set out below or such other address and/or Fax number as that party may notify in writing to the other. Notices shall be deemed to be served seventy-two (72) hours after posting if posted or immediately if transmitted by fax in accordance with the provision of this clause.
Notice to DOORDARSHAN shall be sent to the address shown at the head of this agreement.
Notice to _____________ shall be sent to the address shown at the head of this agreement.
13. AMENDMENTS:
This agreement shall not be changed or modified except by written amendments duly agreed by the parties;
IN WITNESS WHEREOF the parties have put their respective hands on the day and year first here in above written.
For & on behalf of For & behalf of
Prasar Bharati (BCI) -------------------
(Doordarshan)
(AUTHORISED SIGNATORY) (AUTHORISED SIGNATORY)
WITNESS: -
1. Signature_________________________
Name____________________________
Designation_______________________
2. Signature_____________________
Name ___________________________
Designation ______________________
Address _________________________
Indemnity Bond
I………………………………………………………..……………….(name)……………………..………………………
…………………………………(name) resident………………………………………………………………….……
………………………………………………(address).
Hereby declare that: -
1. I/we M/s. ………………………………………………………………………………………………….. ………….. ……….. … . ………. ……………………… …………………….. ………………….. …………………. ……………… …………… ……… hold the exclusive and unencumbered and effective TV rights/copyright of the programme titled ……………… …………… …… ………….(for worldwide territory).
2. The said programme has/has not been telecast earlier on Doordarshan channels or on any private Channel.
3. I/we agree to assume that full responsibility for any controversy/claim regarding the telecast of the said serial/programme and further indemnify DD against all litigation that may arise on account of any libel, slander, obscenity, indecency, infringement of copyright or patent etc. from the telecast of the said serial/programme by Doordarshan.
Place: ……………………………
Date: …………………………..
Indemnifier
Witnesses:
1 …………………………………..….
2. ………………………………………