Presentations from the final seminar in our digital training programme for the arts sector, developed in partnership with BBC Academy. Includes: - Ben Green, BBC: "Finding the right approach: working your way through the Rights maze…" Case studies: Contracts and collaboration - Roxanne Peters, Project Manager and Vicky Panter, Documentation Manager, V&A - V&A online collections - Jo Higgins, Young People’s Web Content Manager, South London Gallery - RE:creative Case studies: Innovative approaches to rights clearances - Carolyn Royston, Head of Digital Media, Imperial War Museums - "Digital collections and cultural change" - Charlie Gauvain, Managing Director, Eye Film and Television- John Peel archive

1. artscouncil.org.uk/digitalcapacity #digicaparts
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2. Welcome
Edward Morgan,
Executive Producer, BBC
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3. Introduction
Anthony Lilley
Chief Creative Officer and CEO
of Magic Lantern
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4. Rights maze
Ben Green, Head of Rights
Business Development,
Talent & Rights Negotiation
Group, BBC
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6. Ben Green
Head of Rights Business Development
Talent & Rights Negotiation Group
BBC
9th July 2012

7. Finding the right approach:
working your way through
the Rights maze…
Original photograph by Computer Guy. Used under CC BY 2.0

8. 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

9. 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

10. Some figures….
Artists, contributors and copyright
300,000 contributor contracts issued each
year
600,000 contributor payments made each
year
200,000+ items of music use reported each
week
200+ staff approximately in Rights and
Business Affairs

11. Innovation poses challenges in terms of
copyright and rights clearances for the BBC
New 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…

12. Disclaimer

13. 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

14. 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…

15. What sort of copyright?
Literary: Musical: Performers:
scripts mechanical actors
extracts composition singers
books grand rights musicians
stuntmen
poetry
speeches
Artistic:
articles
photographs Other:
artworks databases
Footage:
transparencies direction
film plans choreography
stock
recipes
sports

16. Various bodies

17. Contributor rights are acquired and
cleared under:
- collective agreements
- collective licences, and
- agreed standard terms where possible

18. 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)

19. 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

20. 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

21. 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

22. Rights clearance of archive

23. Rights Checklist
• Programme Rights
- who owns the programme itself?
- current commercial exploitation?
- distribution rights still under licence?
- any acquired third-party film within the
programme/clip?

24. 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

25. Basic questions…
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?

26. …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?

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

28. ‘Rights-light’ areas of
archive
• „Stock‟ film
• Local News
• General Events
• „Ob-docs‟

29. …and ‘Rights-heavy’
• Drama & Comedy
• Documentaries
• Arts & Culture
• Music performances
– pop & classical

30. Doctor Who: Initial rights contracting
1-2
2
2+
1 1
1
16
23
1
14 12
15

31. Doctor Who:
Secondary clearances
* APPS WITH SOUNDBOARDS

32. Areas to avoid…
• Sport
• Historical docs
(because of stills/
acquired film issues)
• Acquired programming
(not BBC‟s)
• Royal Events

33. 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!

34. 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…

35. 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

36. Q and A
Chaired by Anthony Lilley
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37. Case studies: Contracts and collaboration
V&A online collections
Roxanne Peters, Project Manager,
Rights Management Review
Vicky Panter, Documentation Manager, V&A
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38. Mission Possible
‘To be the world’s
leading museum of art
and design; enriching
people’s lives by
promoting
knowledge, understan
ding and enjoyment of
the designed world.’
©Victoria and Albert Museum, London

39. 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

40. Striking the balance
 V&A as a rights owner and
rights user
 Maximise revenue and
optimise free access
©Victoria and Albert Museum, London

41. 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

42. V&A’s Award-winning Search the Collections
2009 – present
‘Search the Collections’
collections.vam.ac.uk
©Victoria and Albert Museum, London

43. V&A’s Award-winning Search the Collections
1.1 million objects
274,000 images
collections.vam.ac.uk
©Victoria and Albert Museum, London

44. Search the Collections and Rights Clearance
Point of entry….
©Victoria and Albert Museum, London
… point of use

45. V&A Licensing model – Access and Re-use
 Search the Collections
 Image Licensing, V&A
Enterprises Ltd
 New licensing models
©Victoria and Albert Museum, London

46. Getting it Right
 Optimum access to global audiences
 Pursue best practice of rights management
©Victoria and Albert Museum, London

47. Case studies: Contracts and collaboration
REcreative
Jo Higgins, Young People‟s Web Content Manager,
South London Gallery
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48. 48

49. 49

50. 1) Terms & Conditions – a user agreement for community members
2) When creating content for REcreative
50

51. “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.”
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
51

52. 52

53. 53

54. Q and A
Chaired by Anthony Lilley
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55. Refreshment break
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56. Case studies: Innovative approaches to
rights clearances
Digital collections and cultural
change
Carolyn Royston, Head of Digital Media,
Imperial War Museums
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57. 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!

58. 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

64. IWM Collection
• 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

65. IWM in 2009
• 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

72. So what enabled a change to happen?
• 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

73. Public
Programm
Digital Assets e
managed by
Collections
Management
Dept
Commerci
al

74. IWM: a new website…

87. 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

88. 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

89. Carolyn Royston
croyston@iwm.org.uk
@caro_ft

90. Case studies: Innovative approaches to
rights clearances
John Peel archive
Charlie Gauvain, Managing Director,
Eye Film and Television
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91. 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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92. Q and A
Chaired by Anthony Lilley
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93. Chair’s summary
Anthony Lilley
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94. Closing remarks
Edward Morgan
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95. Networking
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96. artscouncil.org.uk/digitalcapacity #digicaparts
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