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BBC Radio Independent Production Companies Terms of Trade

BBC Radio Independent Production Companies Terms of Trade . New terms 2014. Introduction. Original terms – 2005 New terms agreed with RIG in 2014 to update existing terms and grant new commercial rights to independent production companies and new public service rights to BBC

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BBC Radio Independent Production Companies Terms of Trade

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  1. BBC Radio Independent Production Companies Terms of Trade New terms 2014

  2. Introduction • Original terms – 2005 • New terms agreed with RIG in 2014 to update existing terms and grant new commercial rights to independent production companies and new public service rights to BBC • Updated terms for both indie and BBC-owned formats (ie normal and hybrid terms)

  3. Indie-owned formats New rights for the independent production companies: • CD/Downloads-To-Own (DTO) worldwide release immediately after first linear BBC tx instead of eight days afterwards • Earlier release for radio/Audio-on-Demand in UK (previously no such release for full licence period permitted) in accordance with new audio release policy on bbc.co.uk: • 12 months for single commissions • 5 years for drama/comedy/music docs • Licence period where returning series

  4. Indie-owned formats New rights for the independent production companies (2): • Radio/AOD ex-UK release immediately after first linear BBC tx instead of eight days afterwards • Commercial website/apps/social media opportunities enhanced subject to BBC approval to be given in a fair, reasonable and non-discriminatory manner in accordance with new clear guidelines published on bbc.co.uk. Guidelines to ensure public servicepropositions not undermined by indie commercial activities

  5. Indie-owned formats New rights for the independent production companies (3): • Ability to create audio-visual content: • Indie owns fully including commercial rights • Indie can exploit DVD/DTO worldwide (including UK) and TV sales ex-UK immediately after first BBC tx(on-demand is day 30) • Indie can commercialise on UK TV/VODin accordance with the same holdbacks as the UK audio release policy but clips to TV stations may be able to be licensed earlier in certain instances • BBC receives 50% net revenue share post-recoupment of production cost • Subject to BBC approval and first option for TV • BBC granted digital PS rights in such material

  6. Indie-owned formats New rights for BBC: • On-demand catchup window extended to 30 days, but BBC also has right to include programmes in its archive in perpetuity UNLESS: • Comedy/drama/narrative history programming • Indie can evidence 3% of the licence fee as net revenue from commercial exploitation, at which point BBC will be obliged to take it down • BBC right to podcast for 30 days unless: • Comedy/drama/narrative history programming • Indie can evidence 3% of the licence fee as net revenue from commercial exploitation, at which point BBC will be obliged to withdraw the podcast

  7. Indie-owned formats New rights for BBC (2): • Segment and chapterise programmes online • Extra analogue transmission in Tier A, two extra digital transmissions in Tier B – Tier C (repeats) down from 10% of licence fee to 5% and local/nations usage down from 10% of licence fee to 5% • Updated interactive deliverables including: • 1 photo per episode • Short, medium and longform summaries of the programme • Creation and publishing of podcast (BBC to provide appropriate tools and training) • Inclusion of programmes in BBC provision to British Forces radio network

  8. Indie-owned formats New rights for BBC (3): • BBC right to include programmes in BBC Store – terms to be agreed in due course • Full series stacking instead of previous 5 episodes limit • BBC backend share of net revenue from indie commercial exploitation to remain at 30% unless indie is exploiting a new release window or right in which case it will be 50% just for that extra time/right.

  9. BBC-owned formats (hybrid terms) • BBC to retain all PS rights in perpetuity, ownership of title, brand and format plus right to decide whether to re-tender or bring in-house BUT commercial rights now jointly owned • BBC can re-tender as follows: • The title/brand/programme but NOT any sufficiently distinctive creative elements brought to the programme by the indie unless it buys out those creative elements; or • BBC can decide not to re-tender and continue with the existing indie while retaining use of their new creative elements

  10. BBC-owned formats (hybrid terms) • Commercial exploitation • Commercial rights jointly owned • Expectation that the parties will discuss and agree who is best placed to exploit but BBC solely entitled to exploit: • Entire network featuring the programme • Inclusion of programme in any BBC commercial service (global iPlayer, bbc.com etc) • BBC Store • Music (non-exclusively) in a BBC-branded music offer or under the BBC’s agreements with the labels • Exploitation of brand/title/format as a historic asset as opposed to the actual audio programmes

  11. BBC-owned formats (hybrid terms) • Indie to receive 30% of net revenue unless: • Particular idea and exploitation is by the indie in which case it can increase to a maximum of 50% • Where exploitation is of brand/title/format as historic asset as opposed to the audio programme it will range from 0-50% depending on what is the exploitation and who does it

  12. Independent Producers • Day 8 worldwide CD/DTO and ex-UK radio/AOD exploitation • Published audio release policy for UK radio/AOD (12 months single commission, 5 years drama/music doc/comedy, returning series after licence period) • Commercial online opportunities enhanced in line with published policy - approval given in a fair, reasonable and non-discriminatory manner • Ability to create audio-visual content that indie owns fully including commercial rights: • Same commercial exploitation holdbacks as audio (save that ex-UK VOD is day 30) • BBC receives 50% net revenue share post-recoupment of production cost BBC • On-demand and podcast windows now 30 days; permanent online archive and 30-day podcasting permitted unless comedy/drama/narrative history programming or 3% net revenue is evidenced • Extra analogue/digital txs and interactive deliverables, repeats and local/nations radio at 5% of the licence fee • Inclusion in BBC Store on terms to be agreed • Net revenue share remains 30% unless indie exploits one of their above new rights or release windows in which case it will be 50% just in respect of that extra time/right BBC-owned formats • BBC retains ownership of title/brand/format but commercial rights now jointly owned • BBC can either re-tender the title/brand/format (but not any sufficiently distinctive creative elements brought to the programme by the indie unless it buys out those creative elements) or not re-tender and continue with the existing indie while retaining use of their new creative elements • BBC solely entitled to exploit brand/title/format as a historic asset as opposed to the actual audio programmes • Indie to receive 30% of net revenue unless idea and exploitation is by the indie (up to 50%) or exploitation is of brand/title/format as historic asset as opposed to the audio programme (0-50%)

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