Page 120 - Law and the Media

Rights Clearances
Editors publishing interviews in written form alone need only obtain assignment of copyright
in respect of the recording and publication of the interview, as there is no ‘performance’.

5.2.4 Use fees

The payment requirements of ‘use fees’, in other words the fees to be paid by the producer
or editor to the contributor, are generally set out in the assignment or licence.

However, specific industry collective bargaining agreements have been concluded in order
to save producers and others having to negotiate individually with each contributor. These
agreements exist in the film, television and music industries, and contain certain
minimum pay as well as use and exploitation terms in respect of contributors. For
example, the Producers’ Alliance for Cinema and Television (PACT) has negotiated an
agreement with the Writers’ Guild of Great Britain Agreement (WGGB), and the actors’
union Equity has reached agreements with the BBC, ITV and PACT in respect of
performers’ rights.

When arrangements with contributors are made under collective bargaining agreements,
the accepted form of agreement for payment of fees and for the use and exploitation of
the contribution should accomplish the payment requirements and rights consents needed
by a producer.

5.3 Assignments and licences of copyright

5.3.1 Assignments

The most complete form of rights clearance is a transfer of the copyright, referred to as
an assignment. Taking an assignment of copyright will give the producer or editor the
right to use that work in the proposed production or publication and the right to control
all further exploitation of the finished product. However, the exploitation will be
restricted by the terms on which the copyright was assigned.

The length of time for which copyright is assigned is usually for the full period of the
copyright. However, it is possible to agree that copyright should be reassigned to the
contributor after a shorter period of time or after a particular event, for example non-
payment of use fees, has occurred.

It is essential that an assignment leaves absolutely no doubt that an assignment, rather
than a licence, took place. The wording of an assignment must cover all rights in the
work; not just those rights that presently exist, but also other rights that might be
conferred in the future.
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