An independent stakeholder has said that India’s public service broadcaster Prasar Bharati drafted its new Content Syndication Policy around revenue-driven mainstream media and overlooked independent creators who cannot afford — and may not need — their full packaged catalogues, an RTI response addressed to MediaNama has revealed.
Notably, Prasar Bharati has received a total of six submissions for this policy. Among the responders, only Zee and Shemaroo are renowned media companies. Meanwhile, Prasar Bharti also received comments from a freelance content creator and an individual apparently representing an unnamed organisation, among others.
Freelancer Asks About Licensing Provisions For Content Creators
Interestingly, a freelance science communicator and content creator, Pankaj Bhambhani, wrote to Prasar Bharati with the intention of using the public broadcaster’s ‘Brahmand’ series for educational purposes in a manner similar to how the Science of Symphony used Carl Sagan’s Cosmos series: which was produced by the US’s Public Broadcasting Service (PBS) Channel.
Bhambhani raised two key concerns about Prasar Bharati’s content policy. First, he inquired whether creators can utilise Prasar Bharati’s archival content for non-commercial and educational purposes, and sought clarity on the permission process for freelance creators.
Second, he questioned the licensing and fee structure for creators who want to use short clips, such as five-minute segments from longer series, for non-commercial work. He said that the current pricing model benefits large production houses and remains too expensive for independent creators, and asked whether Prasar Bharati can create simpler options for such requests.
To fully understand why considering independent content creators is valid and necessary, readers must recall Prasar Bharati offering free content to YouTubers via its PB-Shabd wire service, following the ANI vs. YouTubers controversy, which resulted in ANI filing multiple copyright strikes and even a few lawsuits.
While we are unsure how many users are utilising PB-Shadb on a regular basis and how effectively they are benefitting from the copyright-free content provided by the public broadcaster, the questions Bhambhani asked point towards a potential market for Prasar Bharati to explore, which could be beneficial for both creators and India’s public broadcaster.
What Did Shemaroo Say?
Shemaroo, the Mumbai-based media and entertainment company that creates, aggregates, and distributes movies, TV shows, and music, emphasises that syndication is crucial for extending the lifecycle and relevance of intellectual property (IP), highlighting how great content can fade away when IP owners fail to syndicate their content consistently.
According to Shemaroo, monetisation through syndication is a slow, long-term process with varying lifecycles, rights, audiences, and pricing models. The Mumbai-based company also points out that not all licensees are the same: meaning that content is valued differently depending on the client’s business model. For instance, music rights versus theatrical or video-on-demand (VOD, also known as over-the-top content) rights. As such, Shemaroo suggests several updates to the rights management policy:
On compliance-related issues:
- The reporting and audit obligation could cause complications and requires further consideration.
- Termination and reversion clauses should include a cure period, penalties, and provisions for content replacement.
- Content security obligations should be enforceable, but also acknowledge that technological limitations may prevent full compliance, meaning that non-compliance does not automatically constitute a breach.
- The approval mechanism requires clearer roles and responsibilities for each division, along with guidelines for rejections.
- Monitoring and compliance should only be mandatory when feasible, especially in the case of fixed license fee deals.
- Emphasising location-specific flexibilities, Shemaroo states that a uniform reporting template is impractical, as different players track data in different ways. As such, the policy should define default values and allow for more precise reporting based on available data.
On Licensing:
- Branding and watermarking should not be mandatory.
- Sub-licensing should be a binary option within the agreement, without requiring a separate consent process that could deter licensees.
- For content categories, Shemaroo recommends including regional as well as local live events, alongside national events.
- The partner eligibility section should account for distributors and content service providers.
- The Sample Licensing Agreements should include provisions for special stipulations in order to accommodate the unique nature of each deal.
- The pricing model should apply to non-exclusive deals only and reflect varying content values for different rights, as a film’s value differs for a satellite broadcaster vis-a-vis an airline.
What Did ZEE Media Say?
Zee Media, another Mumbai-based media and entertainment company which delivers news and current affairs across its TV channels and digital platforms. recommends that Prasar Bharati should adopt a flat fee licensing model for Linear TV & Radio advertising revenues and exclusive content.
For context, this licensing model means one pays a single, fixed amount to use specific content or rights, regardless of how often or how widely one uses them.
Elsewhere, while referring to live events and sports, Zee proposed a hybrid Minimum Guarantee (MG) model combined with a revenue share, based on the content’s market performance.
To explain, a minimum guarantee may refer to a fixed amount upfront that the broadcaster promises to pay the rights holder, regardless of the content’s performance in the market.
For OTT subscription and advert-based video on demand (AVOD) revenues, Zee suggests an additional 95:5 revenue sharing ratio for net revenue generated from platforms like YouTube.
ZEE on Advertising and Subscription Models:
On advertising monetisation, Zee recommends that broadcasters should be allowed to manage their own advertising integration via existing sales networks, retaining exclusive rights over advertising inventory. Notably, this would allow broadcasters to maintain control over ad sales and ensure that inventory is fully utilised.
For subscription and freemium models, Zee again supports flat fee licensing as a base, with flexibility for broadcasters to decide whether to place content behind a paywall (SVOD/TVOD), integrate it into tiered bundles, or offer freemium access. This would give broadcasters the flexibility to align Prasar Bharati’s content with their existing strategies without conflicts. Additionally, broadcasters can explore VOD or Pay-Per-View (PPV) models depending on the type of content.
For context, SVOD refers to subscription-based streaming, and TVOD refers to transactional video on demand.
On GLOBAL syndication:
Regarding international syndication, Zee believes content should be licensed under a flat fee arrangement, allowing broadcasters to tailor their monetisation strategies through regional-language feeds, diaspora-focused bouquets, and geographic-targeted AVOD.
Zee also highlights the value of strategic and non-monetary syndication through cross-branding and partnerships, particularly for premium or live event content where the public service broadcaster’s identity aligns with broader cultural or public service objectives.
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Elsewhere, cross-branding can be considered for news content, provided that Prasar Bharati is properly credited, Zee suggests.
Finally, the media group recommends the inclusion of bulk licensing discounts in the policy to encourage broadcasters to acquire larger volumes of content, which can ultimately lead to higher returns for Prasar Bharati.
Furthermore, the policy should also provide for case-by-case incentives, with a clear approval mechanism to review such instances.
on using AI to TAILOR CONTENT:
On technology-driven monetisation, Zee advocates allowing broadcasters the autonomy to adopt advanced technologies, such as AI-driven ad targeting, blockchain-based royalty tracking, and addressable TV, based on their specific needs and capabilities.
News and current affairs businesses, in particular, would benefit from interactive monetisation models and AI-based ad targeting for digital platforms.
‘Hybrid Syndication And Geo-Specific Customising The Way Ahead’
An individual named Krishnadeep suggested that Prasar Bharati should adopt a hybrid syndication model that combines minimum guarantees with revenue sharing, thereby balancing viability for partners and providing predictable returns for the broadcaster. Also, a tiered pricing structure for news, entertainment, archives and cultural programming would give platforms flexibility based on content value.
One must note here that although the comment came from a personal Gmail address, the use of collective pronouns such as “we” and “our” apparently indicates that Krishnadeep was speaking on behalf of an organisation or group that submitting its feedback on the draft policy.
Additionally, he said that subtitling, dubbing, and geo-targeted customisation would improve Prasar Bharati’s appeal to global distributors. Clear rules on cross-border payments and currency conversions would also support international participation, Krishnadeep remarked.
Furthermore, he suggested that a centralised digital dashboard that records real-time data on views, advertising and settlements would strengthen transparency. Quarterly audits and defined settlement cycles would also help in streamlining operations.
Elsewhere, Krishnadeep said that co-branding with telecom companies and academic institutions can help broaden cultural outreach, with added flexibility to build brand equity for overseas syndication.
Referring to advanced tools that can be used for monitoring and analytics, he suggested that pilot partnerships with startups using AI-driven discovery tools, blockchain royalty systems, and interactive advertising should be encouraged through formal agreements.
Responses from Other Media Houses
Starry Eyes Media, a Gwalior-based media company, stated that they prefer minimal procedural delays and a clear framework with standard terms, which encourage greater participation from industry stakeholders.
Additionally, the media house suggested that Doordarshan syndicate programmes that do not perform well on its own platform to other platforms, while retaining the best-performing content for its own use.
Apparently referring to the barter model envisaged by the Syndication Policy, Madhu Entertainment, a media distribution and marketing company that covers feature films, serials, concerts, and special interest programmes, said that it can offer Bhojpuri and Hindi films to Prasad Bharti. In its submission. it also attached the catalogue of movies that it offers.
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