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A CODE OF BEST PRACTICE ----(NB/GN:
note the use of the word 'BEST' )
To encourage the confidence of Originators and the free-flow of material within the film and broadcasting sector of Britain's creative industries, the following:
A Code of Practice is proposed for the receipt and acknowledgement of Creative Material.
In adopting this Code it is recognised that similar, if not identical, Creative Material may be submitted to a Receiver by different Originators at different times. This Code does not restrict the freedom of Receivers to select the best Creative Material from the best talent in accordance with commissioning and scheduling priorities.
Scope
This Code of Practice applies to :
(i) any professional person or company not employed by a Receiver who originates Creative Material and sends it to a Receiver; and
(ii) any professional person or company who receives Creative Material from another party. --
Definitions -
Creative Material -
Creative Material means proposals (which may include formats, treatments, scripts, outlines, development documents, tender submissions, storylines, artwork, and synopsis) as the same comprise and are submitted as proposals for television programmes. It is not intended to cover unformulated ideas.
An Originator
An Originator is a professional person or company who originates
Creative -
Material, and who wishes to offer such material to a Receiver.
A professional person or company shall include those belonging
to a relevant Trade Union, or --trade body or other member organisation
of the Alliance for the Protection of Copyright.
A Receiver
Usually Receivers will be the principal UK broadcasters (BBC, CH4, CS and ITV and/or the ITV Network Centre); but Receivers shall include film producers, independent producers, and others and/or the Network Centre~,who have adopted this Code of Practice for the receipt of Creative Material.
The Code
The principal objective of this Code is to support Creative Material being treated,~ and being seen to be treated, in a fair and honest manner by both the Originator and a Receiver of such material.
This Code recognises that similar, if not identical, Creative Material will be submitted to a Receiver by different Originators, sometimes simultaneously, sometimes not. In dealing with this, Receivers must respect the confidentiality of Creative Material submitted to them but must be free to select the best Creative Material from the best talent, in accordance with commissioning and scheduling priorities.
To that end, Originators of Creative Material should, as far as practicable, understand the difficulties which Receivers experience, and submit Creative Material in the most appropriate form to maximise fair and honest treatment.
Likewise, Receivers of Creative Material should understand the importance which Originators attach to the value of their material, and ensure there are simple and transparent systems which demonstrate that their material is treated in a fair and honest way.
Procedures
By the Originator:
When presenting Creative Material to a Receiver, the Originator should, where possible, ensure the following:
1. that Creative Material submitted to a Receiver is stated as being submitted in confidence;
2. that the Originator retains an exact copy of the Creative Material submitted, and written details of the date of submission, and the name of the person to whom it was submitted. An Originator may also wish to formally register the documentation at the time of the submission with a registration or legal representative;
3. that Creative Material is in writing and its distinctive and original features ~ are clearly identified.
By the Receiver
By adopting this Code, a Receiver accepts that it will observe procedures which ensure that it observes due confidentiality of Creative Material until any superseding agreement concerning the use of Creative Material is reached between a Receiver and an Originator. In particular, where a Receiver originates its own Creative Material, a Receiver should establish internal procedures which distinguish the source of the origination of such Creative Material.
This will be especially difficult for in-house strands which use Creative Material from a variety of Originators, but which is assessed by a single Commissioning Editor or editorial representative. In these circumstances, the Receiver should be particularly sensitive to the need to deal fairly and quickly with submissions, to avoid any impression of the Receiver failing to recognise the origination of Creative Material submitted by independent Originators.
Although speedy acknowledgement of, and action on, Creative Material is obviously to be encouraged, that is not a purpose of the Code. Speed of acknowledgement is of importance only in so far as it provides evidence that the ~ Creative Material to which this Code refers was submitted by an Originator and received by a Receiver. When receiving Creative Material, the Receiver should, where possible, ensure:
1. that confidentiality will be observed by the Receiver in the receipt and appropriate internal review of Creative Material. For this purpose Originators recognise that in the normal course of business Creative Material may need to be copied on a restricted and confidential basis within the organisation of a Receiver to those responsible for assessing or approving commissioning work or services based upon Creative Material (Relevant Individuals). A Receiver will observe any reasonable restrictions on the circulation of Creative Material which may be specified by or exceptionally agreed with an Originator but in the absence of such agreement circulation to Relevant Individuals will be acceptable practice;
2. that all Creative Material is logged on receipt, by reference
to title, date,
Receiver's name and a brief indicative description of the nature
of the material as soon as practicable;
3. that the Receiver thereafter provides a fuller response indicating rejection - or a wish to continue to consider the Creative Material (within such reasonable time frame as individual Receivers may publish from time to time) unless the Creative Material is submitted in response to particular tender, when the published timetable for dealing with relevant submissions will apply.
4. If Creative Material is rejected, the Receiver will upon request use reasonable endeavours to return any and all original materials supplied by the Originator.
In-house strands
Where a Receiver has to assess Creative Material submitted by one or more Originators alongside internally originated Creative Material special care should be taken concerning perceived conflicts of interest appropriately anticipating any enquiries to support application of the Disputes Procedure of this Code.
Development
Where a Receiver commissions an Originator to undertake development work, specific contractual terms will be agreed to deal with the owners' Material and the development work. The terms of any such agreement shall then supersede the relevance of this Code concerning any further dealings use of the relevant Creative Material.
Verbal submissions
Creative Material which is proffered to a Receiver verbally will not be within the scope of the Code.
NB by GN: See Court case 'Fraser and Other v Thames Television Ltd and Others' - to see why the above ? (LINK here)
Dispute Procedures
A major objective of this Code is to minimise the likelihood of disputes concerning ownership of Creative Material.
If an Originator has a complaint concerning unauthorised use of Creative Material submitted to a Receiver under the provisions of this Code, an Originator and Receiver will initially attempt to resolve any disagreement through exchange of documentation and discussion.
In the absence of such resolution the Originator will either directly or (when appropriate) through the relevant executive or official of the Originator's trade association or union, contact the appropriately senior person or persons nominated by the Receiver to obtain clarification of the basis upon which the Originator's Creative Material was received, logged and responded to as provided by this Code.
It is hoped that any dispute will be resolved at this stage. However beyond the above procedure this Code shall not otherwise restrict the legal rights of an Originator or Receiver relating to matters to which the dispute relates---
Review
The terms of this Code shall be applied by signatories with effect from 1 April 1999 or the date of formal adoption (if later).
Representatives of the signatories shall convene a meeting not less than once in each calendar year to assess the implementation of the provisions of the Code.
TELEVISION PROGRAM PROPOSALS CODE OF PRACTICE NOMINATED SENIOR REPRESENTATIVES FOR RECEIVERS WHO ARE SIGNATORIES TO THE CODE. (Changes to be notified in writing to Alliance for Protection of Copyright at 111 Wardour Street London W1V).
BRITISH BROADCASTING CORPORATION
BBC Broadcast - Alan Yentob - Director of Programmes --------------
- - - ---------------- - -
BBC Production - Jana Bennett - Director of Production ---------------
- --------------------
BBC News - Richard Eyre - Deputy Chief Executive -------------------------------------
ITV NETWORK LIMITED
David Liddiment - Director of Programmes -------------------------------------
CHANNEL FOUR TELEVISION CORPORATION
Karen Brown - Deputy Director of Programmes -------------------------------------
CHANNEL 5 BROADCASTING LIMITED
Colin Campbell - Director of Legal and Business Affairs -------------------------------------
ALLIANCE FOR PROTECTION OF COPYRIGHT
John Sealey - Chair, Alliance for the
Protection of Copyright____________________________________________________
Shaun Williams - Chief Executive, PACT______________________________________
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