Is Satellite Telecast of Independent Programmes Exploitative?

With virtually all of the local television stations now on satellite, there are claims by independent producers that the stations are shortchanging them by telecasting their programmes on satellite without consent. In this piece, Blessing Nwobodo looks at the claims asking if there is actually a breach of contract?
Satellite telecasting has brought immeasurable benefits to television business in terms of being a connector between the buyer (viewers of the programme) and the seller (advertiser, producer or local stations as the case maybe). Little wonder many terrestrial stations are scrambling to be on satellite bouquets. However the failure of these stations to get the consent of the original owners (producers) of some of the programmes they air on the satellite stations is generating questions. Do the stations have the right to do whatever they want with a programme whose airtime it already sold to an independent producer for airing on terrestrial station?
According to experts, what is obtainable is that a TV station buys programme rights from independent producers. By this, the station becomes the owner of the programme and as such can place it wherever it wants. However because of the peculiarity of the electronic media in Nigeria, stations are forced to resort to partnership deals with independent producers.
Some time ago, Africa Independent Television (AIT), Nigeria’s first licensed private TV station was sued by Agatha Amata for transmitting her programme on Ben TV, a London based station. It could be said to be a rare opportunity for her considering that her programme, by such transmission, was given wides mileage. But Greg Odutayo, CEO Royal Roots Communications, explains that producers are conscious of the reach of a station and would also want to sell their contents to some other stations. “There are stations that ordinarily should come to me to buy my contents, but the minute my programme is shown in the United Kingdom or United States, I can’t sell it there anymore because it already has an exposure there, so the marketing value is reduced. For me it is not a plus, it is simply an added exposure without improved revenue.”
But Odutayo’s opinion appears subjective as Gboyega Akosile, Producer, Brands and Marketing Network does not entirely agree with him. Akosile agrees that TV stations should compensate independent producers for satellite telecasting but the operating environment hampers that ideal, so producers should be content with other advantages. In his words “ideally the TV station should pay me for putting up my programme on satellite. Nevertheless because of the peculiar situation of the broadcast industry, it doesn’t happen as we expect. But then if my programme is aired on a satellite station, it’s a plus for me. The station has given me mileage; it increases the marketability of the programme.”
He notes, however, that these other benefits may only attract green horns saying “an established producer may not need this, since he can stand on his own and may decide to go straight to the cable network to sell his programme.” Another issue that may make satellite broadcast appealing to even established producers is the scarcity of such opportunities to local producers. Akosile asks “but how many of them do we have?”
For an agreement to be reached there must be an expression of intention between the two parties. This is because no matter how good one’s intention is, if not effectively communicated to the second party, it may severe the relationship between the two parties. On why a station will decide to air an independently produced programme on satellite without consulting first with the producer, Akosile says “it is unethical to put a producer’s content on air without informing him.”
According to Odutayo, there is no contract between the TV stations and independent producers to put their programmes on satellite. “They are not buying the programme so there is no agreement with them that says they can put us on satellite. But these things are happening everyday and it is almost really impossible for us as independent producers to challenge them. If you do, they victimize you and take off your programme.
“However, if they have to put us on satellite, they are supposed to pay us because we are the intellectual property owners of the programmes. I am the owner of my content. If you have to sell my content elsewhere to somebody else, you need my permission to do it and when I give you the permission we must agree on terms. But none of that is happening.” Recounting his ordeal with one of the stations, he says “we have had situations before in which I confronted a station and they denied it. Unfortunately for them I had done a recording of the programme but even at that nothing was done about it.”
Adeolu Olanihun, head of programmes at MiTV, counters the allegations claiming that independent producers are aware that most of the TV stations are on satellite and will likely put up some of their programmes on air. “Which ever way, I still believe the station must be transmitting the same programme on another station which is still an affiliate. The TV station is only giving mileage to the producer’s programme. It only requires the independent producer to be able to convince the sponsors that the programme is now watched internationally and get them to increase their pay.”
For Olanihun, satellite telecasting increases the value of the independently produced programmes and should reflect in their marketing. “If you ask me, they shouldn’t be complaining at all because what they pay for, maybe, is just for viewership in Lagos and the TV station is kind enough to expand the viewership to other parts of the world.”
Reacting to this, Odutayo questions the rationale behind a TV station putting-a programme on satellite that was not paid for by the independent producer. “So, if I am supposed to pay you and I have not, why take me to satellite? That is the big question they should answer.”
In what seems to be an answer to the question, Jibe Ologeh, CEO, R-wells Communications, claims that the TV stations are paid to air the programmes. In her words “DStv pays these TV stations to put our programmes on its bouquet. So in a bid to give my programme mileage, I pay you to air on your station and then DStv pays you to put up my content on its bouquet. Tell me, who loses at the end?”
Olanihun denies knowledge of any payment by DStv to terrestrial stations for content provided. “I am not aware of this, I have not heard about it. What I know is that TV stations struggle to be on these satellite stations because of the need to stay relevant given the viewer’s quest to keep in touch with emerging technology.”
Taking into consideration some of the claims raised by independent producers on one hand, and the TV stations on the other hand, there shouldn’t be an issue in the first place if both parties had gone into a contextual agreement over the telecast of independently produced programmes on satellite. It does business and personal relations a world of good if TV stations carry independent producers along, for mutual benefits in telecasting their programmes on satellite.