DEAL MEMO - BBC

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09.11.05 and their use and exploitation by all such means (but subject to clause 4.6 below). The licence shall be subject to commencement of Recording of the first radio programme thus produced within two years of the date of Acceptance of the Last Script. For clarity the rights granted under clause 4.1(a) include use (in return for the appropriate payments set out in clause 7 and the corresponding Schedules) in the BBC’s Public Services and commercial exploitation by Radio Distribution, Non-Theatric Distribution and Audio Publication. (b) The grant of rights in (a) above shall for the avoidance of doubt be subject to the reservation to the Writer of Changed Format and Television Transfer rights as further provided for in clause 5.8 and 5.9, and of Stage Rights and Theatric Rights as further provided for in Clause 5.11. (c) Clauses 5-8 and the corresponding Schedules set out the terms and payment provisions for the exercise of the rights granted by the Writer to the BBC in clause (a) above. 4.2 Notwithstanding the provisions of clause 4.1 the BBC shall have the right to extend by twelve months the period within which commencement of Recording of the programme based on the Script may take place by giving notice to the Writer prior to expiry of the initial two year period as relevant and making payment to the Writer of an additional sum equal to 10% of the Fee or of the Single Transmission Fee (or as otherwise agreed with the Writer) if the BBC elects to pre-purchase one Transmission under clauses 7.3 to 7.5. 4.3 The BBC shall have the right to extend the period under 4.1 and 4.2 within which the Recording of a Pilot Script may be given so as to be co-terminous with the period applying to any later Script commissioned for a first Series subject to payment to the Writer on Recording of an amount equal to any shortfall between the Fee for the Pilot Script and the highest fee paid to the Writer for any such later Script and the substitution of that fee as the Fee for the Pilot Script for all purposes. 4.4 If the BBC does not commence Recording of any single programme based on the Script in accordance with clauses 4.1 to 4.3 or if Transmission has not taken place within 12 months after the latest date by which Recording must commence the Writer may re-acquire the rights in the Script licensed to the BBC under this Agreement on the conditions and using the procedure set out in clause 18. The period during which the Recording and Transmission of a Series may take place shall be as set out in clause 5.1. 4.5 If the Script is for a Long Running Series Clause 19 shall apply instead of 4.1 to 4.4 above. 4.6 The BBC’s right to make use of substantial extracts from the Script granted under clause 4.1(a) above (and remunerated by the New Public Services Fee) shall be subject to the following limitations: (a) any extracts taken shall be limited in total to 25% of the Script or 10 minutes in duration whichever is the lesser; (b) no extract use shall infringe the Writer’s right of integrity under section 80 of the Act; (c) the Writer’s consent shall be required for the use of extracts in programmes where the editorial principle for the selection of extracts is either: (i) the choice of a presenter in the role of celebrity rather than expert or interviewer; or (ii) the extract is a defining moment in the original programme Provided that where the extract is used on-line in conjunction with BBC Public Services intended to complement the original programme no consent shall be required. BBC WGGB SOA PMA Agreement 9 November 2005 8
09.11.05 5. ANCILLARY RIGHTS 5.1 Pilot Scripts and Series Rights Where the Script is the Pilot Script for an Original Series or is otherwise the basis for a proposed Series of which the Writer is the originator of the source work or Format on which the Series is to be based the Writer hereby grants to the BBC the Series Rights throughout the world with full title guarantee on the following terms in consideration of the fees set out in Clauses 7.7 and Paragraph E of Schedule Three. The Writer shall be offered the opportunity to write the Scripts for the Series subject to the Writer’s availability to meet reasonable delivery deadlines and to good faith negotiation of other relevant terms for the commission. The BBC’s exclusive licence in the Series Rights shall commence on the date of signature of this agreement and shall continue thereafter until: (a) expiry of the BBC’s licence under the radio script commissioning agreements entered into for the First Series to commence Recording of programmes for such Series in consequence of such Recording not having commenced; (b) subject to (c) below twelve months from the date of Transmission of the last programme of the latest Series; unless (c) if prior to expiry of the period in (b) the BBC has commissioned scripts for a further Series, then until expiry of the period within which the BBC is entitled to commence Recording of a Series based on those scripts in accordance with the relevant radio script commissioning agreement(s) (d) the expiry of a period of three years from the first day of Recording if first Transmission has not taken place (notwithstanding clause 4.4). 5.2 Intentionally blank 5.3 The Writer confirms that the licence of the Series Rights granted under Clause 5.1 shall include the same rights in the Format as the BBC would obtain in the Script and shall include such a licence in the Format for the purpose of the BBC’s Public Services (including for the avoidance of doubt the Designated Channels) other than for Domestic Transmission and the right to use the Format for the Miscellaneous Uses set out in Clause 11 of the BBC Radio Script Commissioning Agreement without separate or additional payment under this Agreement. 5.4 Following expiry of the licence of Series Rights the BBC shall remain irrevocably entitled to exploit programmes produced prior to such expiry throughout the world, for the full period of copyright and any extensions, renewals or revivals thereof, and thereafter (insofar as the Owner is able to grant the same) in perpetuity by means of the Series Rights. 5.5 Following expiry of the licence of Series Rights and provided first Transmission has taken place the Writer shall be obliged to offer the BBC in writing the right of first negotiation for the right to produce any radio programme(s) based on the Format. In the event that the Writer does not accept the BBC’s offer or that the BBC fails to make an offer within 28 days of such written notice the Writer shall be entitled to conclude an agreement with a third party without further reference to the BBC. 5.6 Expiry of the BBC’s licence to exploit the Series Rights or any Residual Rights which it has acquired shall not affect the validity of any third party licence or sub-licence of the Series Rights or Residual Rights in place at the time of expiry. 5.7 Prequel, Sequel and Spin-Off Rights The radio prequel, sequel, and spin-off rights (as such terms are understood in the entertainment industry) in respect of a Script for a Play, Original Series or (if available) of a Source to Script BBC WGGB SOA PMA Agreement 9 November 2005 9
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DEAL MEMO - BBC

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