artscouncil.org.uk/digitalcapacity

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#digicaparts

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Welcome

Edward Morgan, Executive Producer, BBC

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Introduction

Anthony LilleyChief Creative Officer and CEO

of Magic Lantern

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Rights mazeBen Green, Head of Rights

Business Development,Talent & Rights Negotiation Group,

BBC

Ben Green

Head of Rights Business DevelopmentTalent & Rights Negotiation Group

BBC

9th July 2012

Finding the right approach: working your way through

the Rights maze…

Original photograph by Computer Guy. Used under CC BY 2.0 Generic

BBC Rights and Business Affairs:What We Do

Part of BBC Vision, but undertakes Rights and Business Affairs management across the BBC as a whole (including Radio & Online), including:- negotiating agreements for BBC in-house productions;- commissioning independent productions; - rights for sports and news programmes; - rights to use feature films and other acquired programmes/ series

Background – A reminder• Rights are at the heart of everything we do:

Creator (£2.2bn), Buyer (£0.7bn) & Seller (£1bn)• Changing audience needs; transformative technology;

public service/commercial; intense competition; VFM: continuous improvement

• Challenges – regulatory; fragmentation; own/store/use/share; increased rights awareness

• Opportunities - £1bn contribution to UK creative economy; global brand; great showcase; multi-media; quality

Artists, contributors and copyright300,000 contributor contracts issued each year600,000 contributor payments made each year200,000+ items of music use reported each week200+ staff approximately in Rights and Business Affairs

Some figures….

Innovation poses challenges in terms of copyright and rights clearances for the BBCNew technologies such as the iPlayer have entailed disproportionate complexity in clearing material

– 8 years to negotiate rights agreements before the BBC iPlayer could be launched

– 70 new agreements were reached– Still issues in some areas…

Disclaimer

What is copyright?• Legal protection given to the creator or author of original

literary, dramatic, musical or artistic work – or ‘other works’ (sound, film, broadcasts, typo arrangements)

• Control over when (and how) copies are made• Granted automatically when a work is first created• Copyright works have to be substantial – “a work of the brow” • ‘Ideas’ aren’t protected – must be in a material form• ‘Moral Rights’ – paternity, integrity & privacy

What is copyright?• Copyrights aren’t trademarks• Different copyrights have different durations –

usually 70 years from the death of the author/ creator, or 50 years from first publication or release

• Assignments & Licences• Exceptions?• Just because it’s online, doesn’t mean it’s free

to re-use…

What sort of copyright?Musical:

mechanicalcompositiongrand rights

Artistic:photographs

artworkstransparencies

plans

Other:databasesdirection

choreographyrecipes

Footage:film

stock sports

Performers:actorssingers

musiciansstuntmen

Literary:scripts

extractsbookspoetry

speechesarticles

Various bodies

- collective agreements

- collective licences, and

- agreed standard terms where possible

Contributor rights are acquired and cleared under:

Contracting models – All Rights acquired• Comprehensive rights contracts under contracts of employment or

other terms which grant all rights, so that the BBC can use the programme contribution without any further consent or the requirement to make an additional payment e.g.

– Members of the BBC Orchestras – Employees e.g. journalists, script editors– TV and Radio presenters– “Talks” contributors (Radio or TV quiz programmes)

Contracting models –Collective Agreements• Collective agreements which determine the rights granted and payment

terms under individual contracts e.g. – Actors– Scriptwriters – Freelance musicians

• Agreements between the BBC and, for example, Equity (for actors) set out minimum payments for the initial contribution and when certain further uses of the programme will result in further payment

• These agreements help producers and broadcasters when the trade union is mandated to agree that new terms (e.g for on-demand uses) apply retrospectively to contracts made under previous versions of the agreement

Contracting models – Collective Licensing• Collective licences specifying the rights granted or grant all rights covered

by a blanket payment e.g.– MCPS-PRS (musical works)– PPL (sound recordings)– Directors UK (freelance directors)

• Widely used for the licensing of music rights but also in other areas e.g freelance directors and for some uses of actors’ performances

• A grant of rights is specified in relation to a defined repertoire usually for a lump sum payment supported by reporting from the licensee so that payments can be distributed

Contracting models – standard terms agreements• Standard contract terms which grant certain rights initially and provide for other

rights of usage to be paid for subsequently e.g.– Artistic works– Photographs– Published material– Film sequences

• The standardisation of terms avoids the need for individual negotiations in relation for example to the use by the BBC of hundreds of photographs which are incorporated into TV programmes every year

• These arrangements improve efficiency but require intensive ongoing rights administration

Rights clearance of archive

• Programme Rights

- who owns the programme itself?

- current commercial exploitation?

- distribution rights still under licence?

- any acquired third-party film within the

programme/clip?

Rights Checklist

Rights Checklist• Contributor Rights

- can involve many different rights owners / contributions (performers, writers/ authors, stills/ artworks, presenters, etc)

- older material = increased risk (older records incomplete, can’t trace owners)

- don’t assume going to be difficult - some rights already acquired (or just need to pay)

- seek advice from respected organisations – avoid setting unhelpful precedents

Start with basic questions:• What archive material / copyright

work is required?• What use is to be made of it?• Where will it be accessed?• Free or Pay?

Basic questions…

…but quickly move onto…• Live ‘broadcast’ or ‘making available’• Streamed or downloadable?• If downloadable, is it protected (DRM)?• Temporary or permanent?• Public service ‘free’, or commercial?• If commercial, what type of exploitation?• Closed environment, or open?• If open, UK only or global?• Is user going to be able to manipulate or re-use content?

COMPLEXITY!

Original photograph by Smabs Sputzer. Used under CC BY 2.0 Generic

‘Rights-light’ areas of archive

• ‘Stock’ film• Local News• General Events• ‘Ob-docs’

…and ‘Rights-heavy’

• Drama & Comedy• Documentaries• Arts & Culture• Music performances

– pop & classical

Doctor Who: Initial rights contracting

MUSIC TRACKS

WALK-ONS

ACTORS

SUPPORTING ARTISTS

DIRECTORSCOLLECTIVE BODY WITH MANDATEINDIVIDUAL CONTRACT BINDING TO 3rd PARTY GROUP REQUIRED (NOT RETROSPECTIVE)AVERAGE NUMBERS OF CONTRIBUTIONS PER EPISODE

SCRIPT1 - 2

CHARACTER FORMAT

2+

SHOWRUNNER 1

1

2

1

16

1214

15

LITERARY EXTRACTS

1

PHOTOGRAPHIC STILLS

23

SCRIPTEQUITY

MUSICCHARACTER FORMAT

CHARACTER FORMAT

MUSIC

PRECLEARED/PAYAWAY DUE RECLEARANCE & PAYAWAY REQUIRED

MUSICEQUITY

SCRIPT

MUSIC

SCRIPT

EQUITY

CHARACTER FORMAT

EQUITY

SCRIPT

CHARACTER FORMAT

EQUITY

CHARACTER FORMAT

SCRIPTMUSIC

SCRIPT

EQUITY

EQUITY

MUSIC

SCRIPT

MUSIC

CHARACTER FORMAT

EQUITY

CHARACTER FORMAT

MUSIC

CHARACTER FORMAT

SCRIPT

CHARACTER FORMAT

MUSIC

SCRIPTEQUITY

MUSIC

EQUITY

EQUITY*SCRIPT*

CHARACTER FORMAT

SCRIPT

CHARACTER FORMAT MUSIC

BOOKS

MAG’S

AUDIO

TV

CLIPS

VIDEO

APPS

DTO

LIVE EVENTS

GAMESMERC

* APPS WITH SOUNDBOARDS

Doctor Who:Secondary clearances

Areas to avoid…• Sport • Historical docs

(because of stills/

acquired film issues) • Acquired programming

(not BBC’s)• Royal Events

Crediting appropriately• Copyright holders have, unless waived, a

“moral right” to be identified as author of the work in law

• YouTube or Twitter aren’t authors. The people who make the footage/stills/text and post them on these services are

• Creative Commons (CC) Licences often only require accreditation

• Credit the right people!

Common clearance issues• Don’t run out of time – you can deliver great

projects & products when adequate contracting and clearance time built into planning…

• Always best to agree the uses and stick to them (or a clear, phased approach) – ‘scope-creep’ may be costly/time consuming (if need to re-negotiate rights)

• Budget appropriately for rights payments(incl. underwriting risk/‘Await Claim’ fund), AND the clearance resource

• Find a rights expert…

Common clearance issues• Prioritise the material and have ‘back-ups’

• If material un-clearable/ too costly (e.g. acquired film) then editing costs need to be factored in

• Important to have clear management of the project – who makes final editorial selection?

• If you are serving programme material including music, you will require your own music performance licence(s) – PRS/ PPL

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Q and A

Chaired by Anthony Lilley

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Case studies: Contracts and collaboration

V&A online collections 

Roxanne Peters, Project Manager, Rights Management Review

Vicky Panter, Documentation Manager, V&A

Mission Possible

©Victoria and Albert Museum, London

‘To be the world’s leading museum of art and design; enriching

people’s lives by promoting knowledge,

understanding and enjoyment of the designed world.’

Collections at the V&A

2,233,293 items

1,179,407 museum objects and works of art

The website is at the heart of the V&A’s public portfolio

©Victoria and Albert Museum, London

Striking the balance

©Victoria and Albert Museum, London

V&A as a rights owner and rights user

Maximise revenue and optimise free access

Collections online at the V&A

1999 – 2002

‘Images Online’

1,500 objects and images

2003 – 2009

‘Access to Images’

56,235 objects and images

©Victoria and Albert Museum, London

V&A’s Award-winning Search the Collections

2009 – present

‘Search the Collections’

collections.vam.ac.uk

©Victoria and Albert Museum, London

V&A’s Award-winning Search the Collections

1.1 million objects

274,000 images

collections.vam.ac.uk

©Victoria and Albert Museum, London

Search the Collections and Rights Clearance

©Victoria and Albert Museum, London

Point of entry….

… point of use

V&A Licensing model – Access and Re-use

©Victoria and Albert Museum, London

Search the Collections

Image Licensing, V&A Enterprises Ltd

New licensing models

Getting it Right

Optimum access to global audiences

Pursue best practice of rights management

©Victoria and Albert Museum, London

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Case studies: Contracts and collaboration

REcreative

Jo Higgins, Young People’s Web Content Manager, South London Gallery

CONTRACTS & COLLABORATIONS

48

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HOW, WHERE & WHY WE USE CONTRACTS

1) Terms & Conditions – a user agreement for community members

2) When creating content for REcreative

50

1. TERMS & CONDITIONS FOR COMMUNITY MEMBERS

A NOTE ON COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

Declaring your work as your own; crediting the work of others

What is intellectual property? 

SLG’s commitment to Intellectual Property

What you can and cannot do with the content you find on REcreative

http://www.recreativeuk.com/terms-and-conditions

 

“Respecting someone else’s intellectual property rights then, means not using or copying their work without their permission and if they are happy for you to use their work, making sure you say that it is theirs and not yours.”

51

2. CREATION OF CONTENT – LOCATIONS, ARTISTS, IMAGES ETC.

A CASE STUDY (AND/OR AN EARLY LESSON...)

52

WHAT WE’VE LEARNED, WHAT WE’RE STILL LEARNING...

53

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Q and A

Chaired by Anthony Lilley

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Refreshment break

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Case studies: Innovative approaches to rights clearances

 Digital collections and cultural

changeCarolyn Royston, Head of Digital Media,

Imperial War Museums

About me• Head of Digital Media• Department just 3 years old• Responsible for all public facing digital outputs:

– Website– In-gallery multimedia– Mobile– Social media– Strategic digital partnerships with 3rd parties

• I’m not an expert on digital rights and not responsible for this area in the museum – I am a key stakeholder!

What I will cover

• How IP and copyright has become a driver for change• The journey we have taken with IP and copyright over the past

3 years and how the Digital Media dept has contributed to that• Believe the approach to change is applicable to small or large

organisations

• Oldest film archive in the UK• Second largest sound archive after the BBC• Over 11 million photographs• Second largest contemporary art collection in the

UK after Tate• Millions of documents, diaries, papers• Over 140,000 large objects

IWM Collection

• No Digital Media department• Old website and collections online no longer fit for

purpose• Little social media presence or relationships with

3rd parties• Very complex IP and copyright issues• Extremely risk-adverse in approach to collections• Lack of co-ordinated approach or strategy to

managing digital rights across the organisation

IWM in 2009

Click icon to add picture

• Began to develop requirements for a new website and collections search in 2010

• Carried out museum-wide workshops to engage staff with new website

• Published a digital strategy with the aspiration of opening up our collections and encouraging active participation with our audiences

• A copyright group was formed consisting of key stakeholders

• Formalised processes and approach to IP and copyright

So what enabled a change to happen?

Digital Assets managed by Collections

Management Dept

Public Program

me

Commercial

IWM: a new website…

Click icon to add picture

How did we make it happen?

• Used projects to open up discussion and thinking – often at no extra cost

• Involved relevant staff throughout• Ensured strategic body in place to provide framework for

incremental change• Participated in small, low-risk activity to demonstrate worth

and risk management• Implemented technology that allows for organic growth in line

with organisational needs

Where are we now?• IP officer has become pivotal position in museum• IP and copyright is of interest to everyone in organisation • IP and copyright has become a real driver for change• Need to keep reviewing position and be flexible to adapt to rapidly

changing environment• Opening up collections forces organisation to think about different

business models and income generation – it is a positive change• Our collection sales have risen since the launch of the new website and

collections search, and more permissive rights• IWM has moved from being risk-adverse to risk-aware – this has opened

up thinking and created many more opportunities

Carolyn Royston

croyston@iwm.org.uk

@caro_ft

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Case studies: Innovative approaches to rights clearances

 John Peel archive

Charlie Gauvain, Managing Director, Eye Film and Television

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Case studies: Innovative approaches to rights clearances

 Re-imagining the literary essay,

a London Review of Books commission

Ollie Brock, Digital Archive Researcher

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Q and A

Chaired by Anthony Lilley

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Chair’s summaryAnthony Lilley

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Closing remarks Edward Morgan

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Networking

artscouncil.org.uk/digitalcapacity

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#digicaparts