Terms and Conditions

1. In the event of a signed acceptance not being received by the date stated, the Prasar Bharati reserves the right to withdraw the offer.
2. The Performer shall rehearse and perform to the best of his skill and ability and carry out all reasonable instructions given to him by the representative of Akashvani/Doordarshan.
3. The Performer shall not in the performance of this engagement broadcast any remark which in the opinion of Akashvani/Doordarshan representative will draw undue attention to any particular item, song or musical work. Should any such remark be made, save with consent of Akashvani/Doordarshan representative and except in the exact form approved by him, this contract shall be considered as terminated forthwith and the /Performer’s action shall be considered a definite breach of the terms and conditions herein laid down. A statement that any particular item, song or musical work is being performed “by special request” or a similar announcement to the same effect shall be deemed to draw undue attention to the item, song or musical work concerned.
4. The Performer shall not solicit, receive or accept any fee or other valuable consideration from any person other than Akashvani/Doordarshan or in recognition of the Performer singing, performing or having sung or performed or promising to sing or perform any particular item, song or musical work during this engagement.
5. The Performer shall not broadcast any advertisement or matter of an advertising nature whatsoever without first obtaining the permission of the Director of Akashvani Station/Doordarshan Kendras.
6. When the Performer performs live for a broadcast and/or a sound recording or cinematographic film is made there from, it shall be the exclusive property of Prasar Bharati and all rights in making a sound recording and cinematographic film, and broadcast along with all other Performers rights and right to broadcast or rebroadcast of whole Performance through any means of utilization will be exclusively and unconditionally owned by Prasar Bharati.
7. For the purposes of this Contract, the term ‘Broadcast’ means communication to public by any means of wireless diffusion, or by wire whether in any one or more of the forms of signs, sounds, signals, writing, pictures or visual images of all kinds by transmission of electro-magnetic waves through space or through cables intended to be received by the general public either directly or indirectly.
8. Broadcast includes a narrowcast or rebroadcast and live, deferred and on demand broadcasting, webhosting, web-streaming, transmitting/retransmitting, telecasting by means of satellite, cable, terrestrial (analogue and digital), DTH, IPTV transmission, through internet, broadband, telephony, webcasting, podcasting, mobile broadcast using internet/mobile applications or other means.
9. Simultaneous broadcast from more than one Akashvani/Doordarshan Transmitter or other means shall constitute only one broadcast for this purpose.
10. The Performer hereby assigns all the Performers rights in the Performance to Prasar Bharati and the fee for the contract includes the exclusive ,complete, and unqualified broadcasting right in Indian languages, English and all other languages of the World throughout the World and the right to make a visual /sound/digital record of the performance and its reproduction , exhibition, distribution, communication (including rehearsals) to public or any part thereof or making of a derivative work, translation for simultaneous or subsequent broadcasts by Prasar Bharati and right to assign/give the license thereof and such rights are granted for throughout the world and for the entire duration that such rights as granted by performer herein are protected by law.
11. In case of future commercial exploitation of the work after the broadcast of performance such as in form of CDs/DVD or other digital/analog forms, the /Performer shall receive additional royalty which will be paid as per the option chosen by the Performer, that is, a fixed fees computed at 4 times the fees paid for performance or predetermined share fixed by Prasar Bharati from sale proceeds as royalty.
12. Prasar Bharati shall have the right to use and allow others to use the name, facsimile signature, and likeness as also biographical material of Performer for advertising and promoting Performer's appearance for commercial and non commercial utilisation of the Performance.
13. The Performer shall have the right to be identified as the /Performer of his performance except where omission is dictated by manner of use of performance
14. It is agreed by Performer that mere removal of any portion of a performance for editing, or to fit recording within limited duration, or other modification required for purely technical reasons shall not be deemed to be prejudicial to Performer’s reputation.
15. Where this contract relates to a troupe of two or more Performer(s) working under the control or management of the Performer, the Performer shall, at the time the contract is signed, furnish Akashvani/Doordarshan in writing with such names of the Performer(s) as the Director may require and shall not substitute a Performer for a person so named without the written consent of the Director. The performer shall further secure the written consent of the other member/(s) of the troupe to the terms of this contract.
16. The Performer warrants and undertakes to pay,
    • i). to each member of the troupe , if applicable ,the proportion of any fee payable to the Performer to which the member is entitled, and
    • ii). to the Author/music composer of the Songs agreed to be performed by him, if applicable.
17. The performer hereby warrants that:
    • a) he is the exclusive copyright owner / duly authorized agent of other Performer(s) in the performance and authors of copyright subsisting in underlying work used in the Performance (including lyrics and musical composition), and has provided their correct particulars as attachment to this acceptance, and
    • b) that there is no requirement of further permission from authors of underlying work in the Performance for exercise by Prasar Bharati of rights granted to Prasar Bharati under this contract, and that no other persons, firm or company has any interest in the rights hereby granted.
    • c) that the said Performance is not (nor is any part of it) in any way illegal or encumbered or is subject to charge, lien, mortgage whatsoever and is not a violation or infringement of any subsisting copyright or performer’s rights/broadcasting right.
    • d) the Performance (or any part of it) has not been broadcast through any medium whatsoever or accepted for broadcast by any other broadcasting organization in India or abroad under a different title or otherwise.
    • e) and that he has not concealed any change of professional name or description
    • f) that at the time of signing this contract he is not under any engagement (or otherwise barred by any contract) precluding him from fulfilling this contract
18. Performer undertakes to indemnify Prasar Bharati against any and all adverse claims, actions, proceedings and demands whatsoever (including third party actions) , if any for breach of the express warranties in clause 19 herein or otherwise breach of any term of this contract.
19. Should the Performer for any reason (expect illness or physical incapacity certified as herein before provided or such other unavoidable cause as may be proved to the satisfaction of the Director Akashvani/Doordarshan fails to appear and perform as stipulated in this contract, he shall pay to Akashvani/Doordarshan liquidated damages, a sum equal to the sum which the Performer would have received for such appearance and performance in addition to the cost of Akashvani/Doordarshan of providing a deputy and any other costs, damages and expenses incurred by Akashvani/Doordarshan by reasons of default of the Performer; but nothing in this clause shall affect the right of Akashvani/Doordarshan to apply an injunction to restrain the Performer from performing in breach of this contract or the right of Akashvani/Doordarshan to terminate this contract in accordance with its terms.
20. Prasar Bharati shall not be liable to the Performer or to the legal representative of the Performer for any loss, damage or injury to the Performer‘s person or property during or in connection with this engagement unless caused by the willful negligence of Akashvani/Doordarshan or its own officers or employees.
21. In the event of the Performer alleging incapacity to perform by reason of illness or physical incapacity, the certificate of a qualified medical practitioner proving the fact of such incapacity shall forth with be sent to Akashvani/Doordarshan by the Performer. In such case, Prasar Bharati shall not be liable to pay any fee or remuneration to the Performer except for performances actually given by him hereunder.
22. Akashvani/Doordarshan shall have the right to forbid the appearance of a Performer before the microphone and to reject his performance, if in the opinion of the Director, the Performer does not fulfill the requirements of the programme or fails to meet the standards expected of him or is unfit in health to perform. In such cases the Performer will not be entitled to the fees agreed upon or any portion thereof or to any compensation whatsoever.
23. Prasar Bharati shall have the right to terminate the contract at any time for any reason subject only to payment of a fee in proportion to the performance already made at the date of termination , if any or to offer an alternative engagement as Prasar Bharati in its sole discretion may deem fit.
24. Any notice under this contract may be served upon the Performer by posting the same to his last known address or to the agent through whom this contract is made.
25. In the event of the Author/performer being a Government servant, the broadcast of his performance and the payment to him of the fee, shall be subject to rules and regulation of government for such broadcast in force at the time of broadcast of the Work.
26. This Contract shall be binding upon and inure to the benefit of the respective parties, their successors and assigns, and shall be governed by and interpreted in accordance with the laws of India.
27. If Any Portion of this Contract is found to be invalid or unenforceable; it shall not affect the remaining clauses of this Contract.
28. In case of any disputes arising out of this Contract between parties, the parties will make reasonable endeavors to resolve the disputes by negotiation within 15 days from receipt of notice in writing and in case negotiation fails, dispute will be decided by a sole arbitrator appointed by the CEO of Prasar Bharati or his duly authorized agent and Arbitration and Conciliation Act, 1996 shall apply. Venue of arbitration will be either Delhi or location of a regional Kendra if a regional Kendra is a party to the dispute. Courts at New Delhi or appropriate courts at location of a Kendra, if a dispute relates to a Kendra outside Delhi, shall have jurisdiction for the purposes of the contract.
29. I have read the code of conduct ( https://abs.prasarbharati.org/code_of_conduct.pdf ) to observed by casual assignee and will abide by it.
30. All rights on the programs, including broadcast, digital, and other rights, belong exclusively to Akashvani. Other than the fees specified in the rate card, participants, casuals, experts, moderators and producers of the programs/bulletins/News Magazines etc shall have no other claims.