Building Digital Capacity in the Arts: Rights and IP

artscouncil.org.uk/digitalcapacity #digicaparts Network name GUEST_NETWORK

Welcome Edward Morgan,Executive Producer, BBC Network name GUEST_NETWORK

Introduction Anthony LilleyChief Creative Officer and CEO of Magic Lantern Network name GUEST_NETWORK

Rights mazeBen Green, Head of Rights Business Development,Talent & Rights Negotiation Group, BBC Network name GUEST_NETWORK

Ben GreenHead of Rights Business Development Talent & Rights Negotiation Group BBC 9th July 2012

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

BBC Rights and Business Affairs:What We DoPart of BBC Vision, but undertakes Rights and BusinessAffairs 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

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

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

Innovation poses challenges in terms ofcopyright and rights clearances for the BBCNew technologies such as the iPlayer have entailed disproportionatecomplexity 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…

Disclaimer

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

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…

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

Various bodies

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

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)

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

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

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

Rights clearance of archive

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?

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

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?

…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?

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

‘Rights-light’ areas ofarchive• „Stock‟ film• Local News• General Events• „Ob-docs‟

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

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

Doctor Who:Secondary clearances * APPS WITH SOUNDBOARDS

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

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!

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…

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

Q and AChaired by Anthony Lilley Network name GUEST_NETWORK

Case studies: Contracts and collaboration V&A online collections Roxanne Peters, Project Manager, Rights Management Review Vicky Panter, Documentation Manager, V&A Network name GUEST_NETWORK

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

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

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

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

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

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

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

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

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

Case studies: Contracts and collaboration REcreativeJo Higgins, Young People‟s Web Content Manager, South London Gallery Network name GUEST_NETWORK

1) Terms & Conditions – a user agreement for community members2) When creating content for REcreative 50

“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 othersWhat is intellectual property?SLG’s commitment to Intellectual PropertyWhat you can and cannot do with the content you find on REcreativehttp://www.recreativeuk.com/terms-and-conditions 51

Refreshment break Network name GUEST_NETWORK

Case studies: Innovative approaches to rights clearances Digital collections and cultural change Carolyn Royston, Head of Digital Media, Imperial War Museums Network name GUEST_NETWORK

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!

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

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

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

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

Public ProgrammDigital Assets emanaged by CollectionsManagement Dept Commerci al

IWM: a new website…

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

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

Carolyn Roystoncroyston@iwm.org.uk@caro_ft

Case studies: Innovative approaches to rights clearances John Peel archive Charlie Gauvain, Managing Director, Eye Film and Television Network name GUEST_NETWORK

Case studies: Innovative approaches to rights clearancesRe-imagining the literary essay, a London Review of Books commission Ollie Brock, Digital Archive Researcher Network name GUEST_NETWORK

Chair’s summary Anthony Lilley Network name GUEST_NETWORK

Closing remarks Edward Morgan Network name GUEST_NETWORK

NetworkingNetwork name GUEST_NETWORK

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Building Digital Capacity in the Arts: Rights and IP

by Arts Council England on Jul 13, 2012

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Building Digital Capacity in the Arts: Rights and IP Presentation Transcript