Monday, November 7, 2016


Nishith Desai Associates & The Association of Media Entertainment Counsel

Invite you to

“Convergence: Media and Entertainment Industry”

Emerging Trends and Deal Making in India


Legal I Tax I Regulatory

Workshop Timing: 2 PM to 6 PM followed by Cocktails

Venue: UNIVERSITY OF CALIFORNIA, Grand horizon ballroom, 3rd floor, Covel common, 330 De Neve Drive, Los Angeles, CA 90095, UNITED STATES



The Media and Entertainment (“M&E”) Industry in India is on the upswing owing to government initiatives, a surge in internet penetration and higher disposable income. The joint Boston Consulting Group and Confederation of Indian Industry (CII), report titled Convergence: The New Multiplier for Indian Media & Entertainment’s $100 Billion Vision projected the industry’s revenue to reach $ 32 billion by the end of 2020 from an estimated revenue of $ 25 billion in 2016. The US Department of Commerce in its 2015 Top Markets Report of the Media and Entertainment Industry credited India as number 5 in the projected 25 top markets for M&E between 2015-2018.

The Government has undertaken a slew of reforms in the last few years which has given a fillip to this sector. The ‘Digital India’ program launched by the Government is set to bring e-Governance to India, and transform India into a digitally empowered society. .Foreign direct investment for DTH and satellite platforms and broadcasting sector has been further liberalized. Government is determined to bring in complete digitization in India’s cable distribution sector. TV clearances have been expedited and other regulatory hurdles are being removed. These reforms have spurred the number of foreign investments and partnerships in India’s M&E sector. Vice Media’s proposed joint venture with India’s Times Group, as well as the formation of Reliance Entertainment and DreamWorks’ shared film, television and content creation company Amblin Partners.

A burgeoning number of Indians are now online, rendering the internet as a prominent new medium for the M&E Industry. The Internet user base in India has been ascribed as second only to China, and high- speed internet connectivity has been effected by the introduction of 4G services in the country. These factors have conditioned the market for online music streaming services such as Apple Music and OTT video service providers such as media giant Netflix, which launched in India earlier this year, and Amazon Prime Video, slated to release later this year.

In light of the exciting opportunity that India presents, we would like to invite you to a half day workshop where we will walk you through the nuances and challenges of doing business in India. We will also cover the unique legal, tax and regulatory aspects that US corporations need to be aware of while navigating the Indian market. The detailed agenda has been setout below.

While we realize that the notice is short, we do hope that you will be able to attend. 


1:30 PM–2:00 PM :


2:00 PM–2:15 PM :

Opening Remarks by Mr. Nishith Desai, Managing Partner, Nishith Desai Associates and Mr. Arnold Peter, Founding Partner Peter Law Group and founder Association of Media & Entertainment Counsel (AMEC)

2:15 PM–3:30 PM :

Session I: Content remains King

We will discuss major legal issues surrounding content in India, whether video, audio, e-books or otherwise. Starting from content acquisition, content syndication to production of original content we will discuss topics ranging from the Copyright related laws to societies / guilds, music rights etc. Given the unique nature of Indian sensibilities we will also touch upon content related regulations including censorship and piracy along with discussing laws regulating distribution of content and collection of payments.

3:30 PM–4:00 PM :

Presentation on Deal Making in India

Datta Dave, Founder, Tulsea Pictures

Datta Dave is the co-founder of Tulsea Pictures, a content management company based in Mumbai and Los Angeles. Tulsea works with studios and production companies to enable their content solutions. The company manages the careers of top and emerging writers, directors, and producers.

In his presentation, he will be touching upon the landscape of foreign media players operating in India including anecdotal discussion on deal making. He will also cover some expected and unexpected trends in the media consumption market including what is working and isn't and why.

4:00 PM–4:15 PM :

Coffee Break

4:15 PM–5:30 PM :

Session II: Deals and Financing: Models, Media Funds, JVs, and M&A

We will discuss and explore innovative structures that foreign players can adopt to setup businesses in India from a legal, tax and regulatory perspective. The discussions will include some case studies on multi-jurisdictional structures, recent joint ventures and mergers and acquisitions in the M&E industry and related legal, regulatory, intellectual property and tax challenges. We will also cover the finer nuances of structuring joint ventures and acquisitions such as FCPA issues, Employment Law issues and Data protection.


This session will be followed by a 20 minute Q&A with the audience.

5:30 PM–6:00 PM :

Fireside Chat & Q&A

In conversation with David Wertheimer, President, Digital at FOX Broadcasting

David's group at FOX builds and operates digital platforms including online viewing apps, websites, digital network incubation and social network audience engagement related to FOX's entertainment properties.

In this freewheeling chat, David will discuss his experience in building and growing new age digital properties and the challenges associated with rapidly changing technology. David will also discuss the economics of doing business in this digital era and future trends. Followed by a question and answer session.

6:00 PM :

Cocktails and Reception