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BBC Radio Talent Union Agreements

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Title: BBC Radio Talent Union Agreements


1
BBC Radio/Talent Union Agreements
  • Nicola Hill,
  • BBC Rights Negotiation
  • 26th May 2006

2
Todays Agenda
  • Overview of Agreements/Contracts
  • Rights Acquired in Engagement Fees
  • Other Public Service Use Fees
  • Commercial Use Fees
  • Incidental Uses
  • Employment Issues relating to Equity contributors
    only

3
Overview agreements
  • Equity
  • Acting, reading and singing engagements
  • reviewed annually June/July
  • Musicians Union (MU)
  • session musicians, pop groups, chamber musicians
    and orchestral players
  • Review was due in January 2006
  • Incorporated Society of Musicians (ISM)
  • conductors, vocal and instrumental soloists,
    church musicians
  • Reviewed annually in March

4
Overview contracts
  • Under our contracts we are able to use the
    recording(s) of the Artists performance in
    accordance with the terms of any agreement
    between the BBC and the applicable
    Union/Society which may for the time being be in
    force and applicable
  • this is important to us as it allows us to
    negotiate with the Union/Society in order
  • Revise existing terms e.g. commercial audio
    rights
  • Introduce new terms e.g. AOD very important
    at present as there is a significant amount of
    new media activity

5
Rights Acquired at point of contract Equity
Actors Current Agreement
  • Acquired in the actors engagement fee - either
  • BBC National Radio Networks (e.g. Radio 4) 2
    txs, or
  • World Service 2 tx cycles (tx cycle txs
    within an 8 day period to allow programme to be
    heard throughout the world), or
  • Digital Radio Services (e.g. BBC-7), reduced fee
    (66) 1 tx cycle (tx cycle 9 tx days within 3
    year period) or
  • Local/National Radio reduced fee (66) 1 tx
  • and
  • EBU uses
  • NB all fees include streaming on the internet
  • In addition
  • Plus supplementary payment of 3 to acquire
    audio-on-demand (AOD) use for a term of 14 days
    following the radio tx

6
Rights Acquired at point of contract Equity
Actors Proposals to Equity (1/2)
  • Drama, Comedy and Readings
  • 3 AOD supplement to be replaced
  • Had aimed to acquire new public service rights
    for a period of time
  • Likely outcome will be series stacking for
    limited period (programmes will be available
    streamed from bbc.co.uk timed-out/DRM protected
    download)
  • Podcasting of certain strands

7
Rights Acquired at point of contract Equity
Actors Proposals to Equity (2/2)
  • Proposal to Equityminor acting contributions in
    factual programmes
  • 10 to acquire New Public Service Rights for 5
    years term
  • Covers all public service uses except repeats on
    Network Radio, World Service, BBC-7
  • In effect this means series stacking, associated
    programming on bbc.co.uk and podcasting

8
Rights Acquired at point of contract Musicians
Union
  • Acquired in the Engagement Fee
  • BBC National Radio Networks station 1tx or
  • Digital Radio Stations unlimited txs 1 year
    term and
  • 3 txs on Radio 3s Through the Night Service
    and
  • World Service TX cycle (txs within 8 day window)
    and
  • EBU uses and
  • World Non-Theatric Rights - trapped
    audiences/educational establishments
  • In Addition
  • Generally - 3 supplement to acquire all uses for
    a 1 year term (i.e. all licence fee funded
    service excluding BBC National Radio Networks
    channels, local radio, World Service)
  • agreement has provision to acquire all uses in
    perpetuity on payment of 10 supplement BBC
    will probably apply this to all engagements in
    the future

9
Rights Acquired at point of contract
Incorporated Society of Musicians
  • Acquired in the engagement fee
  • BBC National Radio Networks station 1 tx and
  • all licence fee funded services - excluding BBC
    National Radio Networks channels, local radio,
    World Service - for a 1 year term and
  • 3 txs on Radio 3s Through the Night Service
    and
  • EBU uses

10
Repeats on BBC National Radio Networks, Local
Radio and World Service
  • All agreements - we pay a percentage of the
    artists original fee
  • Network Repeat e.g.
  • Equity 33 x full engagement fee or 50 x
    reduced engagement fee
  • MU and ISM 50 fee for studios recordings
  • MU deal for progs made pre-1980 txd in an
    archival slot one off payment to MU
  • World Service Repeat Cycle Fee (txs in 8 day
    window) e.g.
  • Equity 23 x full engagement fee or 35 x
    reduced fee
  • MU 15 x fee
  • ISM 25 x fee
  • (NB MU/Equity contributors there is a repeat fee
    escalator for repeats made 3 years after tx
    i.e. percentages increase)

11
Repeats on BBC Digital Radio Services BBC-7 and
6 Music
  • Blanket Licences have been agreed with Equity and
    MU for use of actors/musicians performances on
    the digital-only channels
  • Equity
  • agreement up to December 2007
  • report each programme tx and cast to British
    Equity Collecting Society (BECS)
  • MU
  • agreement up to March 2007
  • no reporting required for MU Benevolent Fund
    (MUBF)

12
Repeats on BBC Digital Radio Services BBC-7 and
6 Music
  • Payment to BECS and MUBF calculated negotiated
    taking into account
  • size of audience
  • type amount of programmes broadcast
  • channel status
  • Stations can tx anything from our archive e.g.
    Radios 1, 2, 3, 4, Asian Network, World Service,
    etc
  • Very beneficial for the BBC
  • limited amount of administration for the station
  • Costs are set for the station for the year
  • Channels could not exist without these blanket
    agreements

13
Commercial Rights general
  • Terms for all media throughout the world
    excluding CDs/commercial downloads, merchandising
  • Typical commercial activity sales to other
    broadcasters, airlines and British Forces
    Broadcast Services (BFBS)
  • Option to use royalties or residuals in most
    cases
  • Royalties
  • Equity 17
  • MU 5 all programmes except music
  • 17 music programmes ex those with Equity
    contributions
  • 25 music programmes also featuring Equity
    contributors (e.g. pop/opera)
  • ISM 6
  • Residual figures vary according to territory and
    uses

14
Commercial Rights Audio Publication
  • Equity
  • Royalties vary according to territory/number of
    copies sold/type of sale (audio book club/usual
    retail/budget re-issue)
  • Drama multi-voice readings recoupable 50
    advance
  • Single voice readings recoupable 1000 advance
  • Session singers BPI agreement for music product
  • proposal with Equity hoped for introduction
    in June 2006
  • advance to apply to physical product only i.e.
    CDs, cassettes, DATS
  • No advance for download to own (DTO)

15
Commercial Rights Audio Publication
  • MU
  • Buy-outs available
  • Session musicians BPI agreement for music
    titles
  • Session musicians residual payment for spoken
    word titles
  • ISM
  • No terms in contract

16
Commercial Rights looking ahead
  • BBC.com under discussion
  • Content from bbc.co.uk streamed and on-demand
    programmes
  • Probably US only
  • Limited level of advertising wrapped round site
  • Considering how to remunerate talent at present
    blanket licence likely to be most appropriate
    method of payment

17
Incidental Items
  • All agreements have following provisions for
  • Use of extracts in BBC programmes (NB not
    Library rights)
  • News Access provisions
  • Excerpts from 3rd party productions
  • Trailers/Promotional Use

18
Employment Issues Equity
  • Schedule D tax status
  • however
  • IR introduced regulations so that the Class 1
    National Insurance paid on
  • Engagement fees
  • Repeats
  • Commercial uses

19
Employment Issues Equity
  • Pay for Leave not taken (holiday pay)
  • Working Time Regulations November 1999
  • All workers due paid holiday regardless of
    length of contract
  • Entitlement 4 weeks of leave per year
  • Not less than half a days leave can be scheduled
  • Therefore typically in radio we pay for leave as
    the short engagements means that we cant
    schedule leave
  • 2.78 for each part day
  • 5.55 for each day
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