BBC STORE – CLEARANCE MANUAL FOR INDEPENDENT PRODUCERS
1.
Introduction
The information contained in this document covers programming commissioned from
independent production companies for the BBC.
BBC Store rights in each underlying contributor area need to be granted and cleared
in accordance with the detail in this document.
The new Terms of Trade framework and standard contract documents provide for the grant of
rights for BBC Store from independent producers to BBC Store Limited at the point of
commission, in order to deliver the ambition of BBC Store.
The current Terms of Trade framework was implemented from 7 July 2014.
This grant of BBC Store rights is solely for the purposes of direct-to-consumer exploitation
through BBC Store; it does not allow the BBC to exploit or wholesale those rights through any
other retailer. It does not include any other programme rights, such as subscription, rental,
secondary TV, DVD or ex-UK DPO/ DTO/ EST.
As stated in this document, contributor deal information is needed from independent producers
by BBC Store in order for payments to be accurately administered. The BBC (via BBC Worldwide
Talent Accounting) can only guarantee to make timely and accurate payments to contributors as
provided for in this document as long as complete and accurate information is delivered to the
BBC Worldwide Rights management team in a standard template that will be supplied.
2.
Clearance of BBC Store Rights
The BBC Store will enable programmes to be available digitally via Digital Permanent Ownership
(see 4(i) below).
For all new independently produced programme commissions, contributor and underlying rights
are to be cleared to enable programming to be available in the BBC Store at the same time as
they are available in the BBC iPlayer, soon after broadcast.
Distribution investment by BBC Worldwide or a third party distributor
Clearances: Those programmes with investment from BBC Worldwide or a third party for DVD
and DPO/DTO rights as part of the package should proceed as ‘business as usual’ and follow
all the established processes associated with ensuring the underlying rights are cleared for
exploitation. In these underlying arrangements, rights for BBC Store will be covered as a subset
of the wider clearances and no further action in relation to the underlying clearances should be
needed. Details regarding the payment mechanisms are set out in this document.
Grant of rights to distributor: BBC Store rights will need to be retained by the independent nonexclusively, with the grant of rights to the distributor being expressed as subject to the BBC
Store Rights which are retained for the purposes of the independent producers’ agreement with
the BBC.
3.
BBC STORE – Editorial, Legal and Compliance risks
If you foresee any editorial, legal or compliance risks in your Programme being included in BBC
Store, please flag this as soon as possible in your commissioning negotiations with your Business
Affairs Manager. Any necessary limitations as a result of legal, editorial, or compliance issues
will need to be reflected in your agreement with BBC Store (if necessary by way of amendment
prior to programme delivery). Note: any use of content under any of the fair dealing exceptions,
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BBC STORE – CLEARANCE MANUAL FOR INDEPENDENT PRODUCERS
other than the fair dealing exception for reporting current events, would not prevent the
programme being sold via Store. It remains your responsibility to ensure the use comes within
the exceptions.
4.
(i) BBC Store Rights Definitions
The ‘BBC Store’ and ‘BBC Store Rights’ definitions should only be used in underlying
arrangements where existing definitions (e.g. wider definitions of digital rights) are
not already in place. Most of the contributor agreements in use have appropriate
definitions already and these should not be superseded by these definitions as this
could result in a diminution of the overall rights position.
If you are unsure please consult your BBC Business Affairs Manager in the first
instance.
The following definitions should be used whenever specific BBC Store definitions are required. It
is important that there is consistency of use.
BBC Store and BBC Store Rights definitions:
“BBC Store” means the BBC’s digital retail platform [approved by the BBC Trust (or any
successor entity)]
“BBC Store Rights” means the [non-exclusive] right for the BBC (which, for the purpose of this
definition, means the BBC and/or any entity within the group of companies of which the BBC is
the ultimate owner) to exploit [the content/contribution/Programme] by way of Digital
[Permanent] Ownership on BBC Store and to use extracts from [the
content/contribution/Programme] to promote BBC Store and/or the availability of the [the
content/contribution/Programme] on BBC Store.
“Digital [Permanent] Ownership [(DPO)]” means the license of an electronic, non-tangible
copy of [the content/contribution/Programme] which may be made available for repeated private
viewing by an authorised user over an indefinite period of time in accordance with the relevant
user permissions.
Note: These words – to be used where it would benefit the context
Any proposal to specify limitations on duration or territory in underlying agreements must be
flagged as soon as possible in your commissioning negotiations with your BBC Business Affairs
contact and these will need to be reflected in your agreement with BBC Store (if necessary by
way of amendment prior to programme delivery).
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4.
(ii) CONTRIBUTOR RIGHTS FRAMEWORKS – REQUIRED APPROACH
Where the relevant DPO rights are not covered upfront in the commission via
investment deals the underlying contributor rights should be cleared as follows:
BLANKET & COLLECTIVE ARRANGEMENTS
Contributor Group
Rights
Action
Directors UK
Directors
Covered under blanket D UK licence
No action required by independent producer
other than to observe the usual reporting
requirements.
MCPS/ PRS - Mechanical
Copyright Protection Society/
Performing Rights Society
Mechanical
reproduction
(‘notes on the
page’) &
performance rights
- Use of music
compositions & song
lyrics
Collective licence held by BBC Worldwide.
No action required by independent producer
other than to observe the usual restrictions,
reporting and clearance requirements.
PLEASE NOTE that songs written by The Doors,
Bonnie Raitt, Journey, & Neil Young cannot be used
in BBC content
Correct use of the Indie Fastclear system:
https://ssl.bbc.co.uk/musicautoclearindies/login
Username: fastclear
Password: iwantmusic
PPL - Phonographic
Performance Limited
Use of recorded
music
will grant rights for BBC Store (including
prevention from clearing excluded artists/music
categories)
Collective licence held by BBC Worldwide. No
action required by independent producer other
than to observe the usual restrictions, reporting
and clearance requirements.
PLEASE NOTE that recordings by the Beatles, John
Lennon, The Doors, Bonnie Raitt, Journey, & Neil
Young, & Original Film Soundtracks cannot be
cleared for BBC Store
Correct use of the Indie Fastclear system:
https://ssl.bbc.co.uk/musicautoclearindies/login
Username: fastclear
Password: iwantmusic
will grant rights for BBC Store (including
prevention from clearing excluded artists/music
categories)
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Film Clips; Film Libraries:
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Film clips
ITN
Associated Press
PATHE
BFI
Imperial War Museum
Getty Images
BBC Archive footage
distributed by Motion
Gallery included in a
BBC-commissioned
programme under
standard
arrangements is
available for BBC
Store.
No further action is required by independent
producers for BBC Store, and there are no
reporting requirements for BBC Store other
than the usual PasC requirements (independent
producers may see a cost recovery against the
blanket in the distribution statement from BBC
Store provided the mechanism has been
approved by the BBC Store Advisory group).
NB:
(i) Underlying rights costs may still be payable
upfront for Store on some clips from these
libraries; please discuss with your BAM before
any costs are incurred.
For use of footage from
all other film libraries
please see ‘Individual
negotiation’ box below
Music Performance
-
BBC Singers
BBC Concert Orchestra
BBC National Orchestra
of Wales
BBC Philharmonic
Orchestra
BBC Scottish Symphony
Orchestra
BBC Symphony Orchestra
Inclusion of footage from these libraries in
Independent Productions for the BBC is covered
by the BBC’s blanket arrangements negotiated
for BBC Store (in perpetuity).
(ii) All BBC Public Service rights and other
commercial exploitation rights need to be
negotiated with the relevant film archive
(business as usual).
BBC Performing
Groups
No additional action required by independent
producers for BBC Store
ROYALTY PROVISIONS
Contributor Group
Rights
Action
Writers’ Guild/ PMA
Script Writers
Where DPO/ DTO rights (excluding Store rights) have
been acquired up-front against distribution
investment from BBC Worldwide, the 5.6% royalty
payment* will be administered in line with the
applicable terms agreed with BBC Worldwide for
talent reporting.
For other content, the responsibility for administering
BBC Store talent accounting will be agreed by the
BBC and the Producer on a case by case basis and
set out in the BBC Store Schedule (para 4.2).
* the royalty will be applied to the producer’s gross
receipts in line with the terms of the Pact/WGGB
agreement.
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Equity
Artists in
programmes
excluding those
detailed below
Where rights have not been pre-purchased,
royalties are payable as stipulated in the
PACT/Equity Television Agreement – Appendix TA
– Clause 4 (Royalty). NB no change to the
contract is required unless the contract is varied in
the individual talent contract with the prior written
approval of BBC Store Ltd and/or the BBC, such
approval not to be unreasonably withheld or
delayed.
UPFRONT BUYOUTS
Contributor Group
Rights
Action
Equity
Dramatic Contributions to
Factual Programmes
Terms of the PACT/Equity Television
Agreement - Clause (T23) 17 can be applied
as applicable.
Equity
Extracts
PACT/Equity Television Agreement - Clause
(T24) (Use of Extracts – Additional Rights
and Use) to be used to acquire all sales.
(N.B. where consent is required it must be
sought from the artist for use of the extract
at the point of incorporating the extract in
the programme).
Presenters
On-air presenters
BBC Store rights to be included in upfront
engagement fees paid.
(NB presenters usually contracted on All
Rights agreements however in some cases it
is recognised that bespoke key talent deals
will apply – details must be raised with your
usual BBC Business Affairs Manager at the
earliest opportunity and set out in the BBC
Store Schedule, if necessary by way of
amendment prior to programme delivery).
Musicians’ Union
Session Musicians:
Where buyout payable:
BBC Store rights covered by either:
(i) when the ‘combined use’ buyout fee has
been applied, or
(ii) 10% UK residual buyout payable by
Independent Producer in line with PACT/ MU
Agreement
NB: Royalty payments can be made for
secondary uses by the independent producer
(except for repeats & commercial audio) as an
alternative to the Residual Buyout of 10%,
particularly in the case of music programming
where residual costs are deemed prohibitive
following discussion with your BBC Business
Affairs Manager. See below for details.
But note that once the royalty is invoked for one
type of exploitation, you cannot later revert to
the buyout for other uses.
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Musicians’ Union
Session Musicians:
Where royalty payable:
Buyouts should be used where possible
for BBC Store exploitation of MU
contributions in non-invested
programmes.
For invested titles either a royalty or a residual
can be chosen (but see caveat above):
Music programmes:
17/21% royalty on gross receipts payable on a
pro-rata basis based upon their Residual Basic
Fee
N.B. For exploitation on BBC Store, the MU has
agreed with the BBC that
gross income shall be defined as all nonphysical programme sales revenue received by
BBC Store minus (a) sales tax (b) a 30%
platform retention and (c) customer refunds
Non-Music programmes:
Home video 2005 onwards: 4% royalty on
gross receipts payable on a pro-rata basis
based upon their Residual Basic Fee
N.B. For exploitation on BBC Store, the MU has
agreed with the BBC that
gross income shall be defined as all nonphysical programme sales revenue received by
BBC Store minus (a) sales tax (b) a 30%
platform retention and (c) customer refunds
Royalties to be administered as follows:
for BBC Worldwide invested content: in
line with the applicable terms agreed for
talent reporting;
for content invested by another 3rd party
distributor (or the Producer) the
responsibility for administration will be
agreed by the BBC and the Producer on a
case by case basis and set out in the BBC
Store Schedule.
Use of ‘still’ pictures/
photographs
Terms agreed with BAPLA
(British Association of
Picture Libraries and
Agencies) for all BBC and
independent producers
for worldwide DPO
clearance
If not already acquired under commercial
rights purchased, ensure that DPO Rights are
included at point of contract.
New BBC/BAPLA-agreed terms (available to
independent producers commissioned by
BBC) are:
- Where all commercial rights required,
pay 650% of current initial fee for
commercial buyout.
Where DPO rights only are required
apply 35% current initial fee for all DPO
rights (not just BBC Store)
Artworks
Terms agreed with DACS
(Design and Artists
Copyright Society) for all
BBC and independent
producers for worldwide
DPO clearance
If not already acquired under commercial
rights purchased, ensure that DPO Rights are
included at point of contract.
New BBC/DACS-agreed terms (available to
independent producers commissioned by BBC)
are:
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-
-
INDIVIDUAL NEGOTIATION
Where all commercial rights required, pay
600% of current initial fee for commercial
buyout.
Where DPO rights only are required apply
100% current initial fee for all DPO rights
(not just BBC Store)
Where bespoke deals are negotiated with a contributor please ensure your BBC BAM is aware to
ensure contributors are paid accurately.
Contributor Group
Rights
Action
Film clips from libraries
not included in BBC blanket
arrangements listed in
‘Blanket and Collective
Arrangements’ section
above
Film Clips
If not already acquired under commercial rights
purchased, ensure that BBC Store Rights are included at
point of contract within the fee paid.
An ‘in perpetuity’ licence should be sought for BBC
Store, but in the event that this licence period cannot
be achieved, the minimum period acceptable for BBC
Store is 10 years, UK.
Details of rights restrictions and/or limited licence
periods must be raised with your usual BBC Business
Affairs contact at the earliest opportunity and set out
in the BBC Store Schedule (if necessary by way of
amendment prior to programme delivery) in order
that this can be tracked.
Talk to your usual BBC Business Affairs Manager for
further advice.
Programme clips from
other independently
produced BBC
commissioned
programmes
Source Works
(books for adaptation)
Source works
for adaptation
Formats
Programme
formats
As set out in page 4 above, by virtue of the blanket
agreements listed, Independent Producers
commissioned by the BBC benefit from the clearance
of BBC in-house and other archive clips for BBC Store
free of charge. Clips from BBC Independent
programmes not covered by such blanket
arrangements will require individual clearance for BBC
Store. However, it is hoped that Independent
Producers will reflect the benefits afforded to them by
the blanket agreements and support the ambition of
BBC Store. This can be done by waiving commercial
clearance payments for BBC Store in relation to clips
of their shows used in other BBC commissioned
programmes, so that genres of programmes that
haven’t traditionally had a commercial route to market
can be made available.
No standard agreements are in place for the use of
source material within independently produced
programmes.
Deals negotiated on a case by case basis – please
discuss with your usual BBC Business Affairs Manager
before finalising terms for BBC Store.
No standard agreements are in place for the use of
format material within independently produced
programmes. Deals are negotiated on a case by case
basis – please discuss with your usual BBC Business
Affairs contact before finalising terms for BBC Store.
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Music Performance - Artists
with exclusive recording
contracts
Artists
performance in
non-music
programme
Independent may be able to benefit from existing
BBC/ BBC Worldwide/ Label agreements, or from
BBC’s current discussions with music labels to agree
BBC Store terms for all new in house and independent
programmes.
Talk to your usual BBC Business Affairs Manager, or
Daniel Miller, BBC Radio & Music Business Affairs (BBC
ext. 07317363, or mobile 07711348752) for further
advice.
Music Performance - Artists
with exclusive recording
contracts
Artists in Music
programmes
Music Docs
Music
Documentaries
Independent may be able to benefit from existing
BBC/ BBC Worldwide/ Label agreements, or from
BBC’s current discussions with music labels to agree
BBC Store terms for all new in house and independent
programmes.Talk to your usual BBC Business Affairs
Manager, or Daniel Miller, BBC Radio & Music
Business Affairs (BBC ext. 07317363, or mobile
07711348752) for further advice.
Independent may be able to benefit from existing
BBC/ BBC Worldwide/ Label agreements, or from
BBC’s current discussions with music labels to agree
BBC Store terms for all new in house and independent
programmes.
VPL
(Video Performance
Limited)
Use of music
videos
Talk to your usual BBC Business Affairs Manager, or
Daniel Miller, BBC Radio & Music Business Affairs (BBC
ext. 07317363, or mobile 07711348752) for further
advice.
Negotiated on individual basis with relevant 3rd party.
(The BBC is currently discussing with VPL a possible
agreement. Details will be updated here if/ when this
happens)
Contact Catherine Grimes in BBC Music Copyright for
advice.
Sports Clips
Other
(eg Non DACS / MU
represented content etc)
PLEASE NOTE that music videos by the Beatles,
John Lennon, The Doors, Bonnie Raitt, Journey,
& Neil Young & cannot be cleared for BBC Store
Individual negotiation should seek to include BBC
Store rights in the fee paid.
Please discuss with your usual BBC Business Affairs
Manager before finalising terms for BBC Store, or for
further advice.
It is recognised that in some cases bespoke
arrangements will need to be agreed with contributors
by independent producers which fall outside the
standard approaches set out above.
In these cases please discuss proposed arrangements
with your BAM before incurring any additional costs in
respect of BBC Store.
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