Common use of Commercial Exploitation Clause in Contracts

Commercial Exploitation. 8.1 The BBC shall pay to the Writer sums equal to the shares of its revenues from exploitation set out in Schedule Ten or credit the same amount against any Advance paid under Schedule One, Seven and Eight and subject also to the following sub-clauses of this clause 8. 8.2 The minimum terms applicable to the exercise of Videogram Rights by the BBC are set out in Schedule Eleven. 8.3 By signing the Deal Memo, the Writer and the BBC agree and understand that the fee, residual or royalty for any usage of the Script for which a payment has not been specifically set out in this Agreement shall be subject to determination in accordance with the mechanism of the Forum. 8.4 Where the Writer has written the Script jointly with another writer or writers who have been separately commissioned then the Writer shall be entitled to a share which in the absence of agreement to the contrary shall bear the same proportion to the full royalty as the Writer’s Fee bears to the aggregate of the Writer’s Fee and the other writers’ Fees. 8.5 If any script by another writer or other featured material is with the consent of the Writer (which shall not be unreasonably withheld) included in a product sold in exercise of the Download to Own Rights or by way of Audio Publication, the Writer shall receive such proportionate share of the royalties set out in Schedule Ten as the Script (if written by the Writer alone) bears to the total number of scripts included in the product or such lesser amount as the Writer may agree if such scripts are the same duration. If the scripts included in the product are of different durations the BBC will consult with the writers concerned and agree an appropriate apportionment of royalties prior to exploitation of such rights. 8.6 In order to take account of the specific requirements of third party co-financiers or co-producers the BBC shall be entitled to negotiate in good faith with the Writer a buy-out of the Writer’s right to receive any fee residual or royalty in place of the arrangements set out in this Agreement. In these negotiations the BBC will take into account the market value of the additional rights that it is seeking to buy out.

Commercial Exploitation. 8.1 The BBC shall pay to the Writer sums equal to the shares of its revenues from exploitation set out in Schedule Ten Four or credit the same amount against any Advance paid under Schedule One, Seven and Eight clause 6 above and subject also to the following sub-sub- clauses of this clause 8. 8.2 The minimum terms applicable to the exercise of Videogram Rights by the BBC are set out in Schedule ElevenFive. 8.3 By signing the Deal Memo, the Writer and the BBC agree and understand that the fee, residual or royalty for any usage of the Script for which a payment has not been specifically set out in this Agreement shall be subject to determination in accordance with the mechanism of the Forum. 8.4 Where the Writer has written the Script jointly with another writer or writers who have been separately commissioned then the Writer shall be entitled to a share which in the absence of agreement to the contrary shall bear the same proportion to the full royalty as the Writer’s Fee bears to the aggregate of the Writer’s Fee and the other writers’ Fees. 8.5 If any script by another writer or other featured material is with the consent of the Writer (which shall not be unreasonably withheld) included in a product sold in exercise of the Download to Own Rights or by way of Audio Publication, the Writer shall receive such proportionate share of the royalties set out in Schedule Ten Four as the Script (if written by the Writer alone) bears to the total number of scripts included in the product or such lesser amount as the Writer may agree if such scripts are the same duration. If the scripts included in the product are of different durations the BBC will consult with the writers concerned and agree an appropriate apportionment of royalties prior to exploitation of such rights. 8.6 In order to take account of the specific requirements of third party co-financiers or co-producers the BBC shall be entitled to negotiate in good faith with the Writer a buy-out of the Writer’s right to receive any fee residual or royalty in place of the arrangements set out in this Agreement. In these negotiations the BBC will take into account the market value of the additional rights that it is seeking to buy out.

Commercial Exploitation. 8.1 The BBC shall pay to the Writer sums equal to the shares of its revenues from exploitation set out in Schedule Ten or credit the same amount against any Advance paid under Schedule One, Seven and Eight and Three subject also to the following sub-sub- clauses of this clause 8. 8.2 The minimum terms applicable to the exercise of Videogram Rights by the BBC are set out in Schedule ElevenFive. 8.3 By signing the Deal Memo, the Writer and the BBC agree and understand that the fee, residual or royalty for any usage of the Script Work as originally incorporated into a Programme or Series for which a payment has not been specifically set out in this Agreement shall be subject to determination in accordance with the mechanism of the Forum. 8.4 Where the BBC wishes to incorporate the Work or any part thereof in a new programme or otherwise seeks to make separate use of the Work or part thereof, the BBC shall first seek the consent of the Writer in accordance with and subject to the provisions set out in Schedule Two and subject to the payment provisions set out in Schedules Two and Three. 8.5 Where the Writer has written the Script Work jointly with another writer or writers who have been separately commissioned then the Writer shall be entitled to a share which in the absence of agreement to the contrary shall bear the same proportion to the full royalty as the Writer’s Fee bears to the aggregate of the Writer’s Fee and the other writers’ Fees. 8.5 8.6 If any script Work by another writer or other featured material is with the consent of the Writer (which shall not be unreasonably withheld) included in a product sold in exercise of the Download to Own Rights or by way of Television Distribution or Audio Publication, the Writer shall receive such proportionate share of the royalties set out in Schedule Ten Four as the Script duration of the Work included in the product (if written by the Writer alone) bears to the total number duration of scripts other writers’ material included in the product or such lesser amount as the Writer may agree if such scripts are the same duration. If the scripts included in the product are of different durations the BBC will consult with the writers concerned and agree an appropriate apportionment of royalties prior to exploitation of such rightsagree. 8.6 8.7 In order to take account of the specific requirements of third party co-financiers or co-producers the BBC shall be entitled to negotiate in good faith with the Writer a buy-out of the Writer’s right to receive any fee residual or royalty in place of the arrangements set out in this Agreement. In these negotiations the BBC will take into account the market value of the additional rights that it is seeking to buy out.

Commercial Exploitation. 8.1 The BBC shall pay to the Writer sums equal to the shares of its revenues from exploitation set out in Schedule Ten or credit the same amount against any Advance paid under Schedule One, Seven and Eight and Four subject also to the following sub-clauses of this clause 8. 8.2 The minimum terms applicable to the exercise of Videogram Rights by the BBC are set out in Schedule ElevenFive. 8.3 By signing the Deal Memo, the Writer and the BBC agree and understand that the fee, residual or royalty for any usage of the Script for which a payment has not been specifically set out in this Agreement shall be subject to determination in accordance with the mechanism of the Forum. 8.4 Where the Writer has written the Script jointly with another writer or writers who have been separately commissioned then the Writer shall be entitled to a share which in the absence of agreement to the contrary shall bear the same proportion to the full royalty as the Writer’s Fee bears to the aggregate of the Writer’s Fee and the other writers’ Fees. 8.5 If any script by another writer or other featured material is with the consent of the Writer (which shall not be unreasonably withheld) included in a product sold in exercise of the Download to Own Rights or by way of Audio Publication, the Writer shall receive such proportionate share of the royalties set out in Schedule Ten Four as the Script (if written by the Writer alone) bears to the total number of scripts included in the product or such lesser amount as the Writer may agree if such scripts are the same duration. If the scripts included in the product are of different durations the BBC will consult with the writers concerned and agree an appropriate apportionment of royalties prior to exploitation of such rights. 8.6 In order to take account of the specific requirements of third party co-financiers or co-producers the BBC shall be entitled to negotiate in good faith with the Writer a buy-out of the Writer’s right to receive any fee residual or royalty in place of the arrangements set out in this Agreement. In these negotiations the BBC will take into account the market value of the additional rights that it is seeking to buy out.

Commercial Exploitation. 8.1 The BBC shall pay to the Writer sums equal to the shares of its revenues from exploitation set out in Schedule Ten or credit the same amount against any Advance paid under Schedule One, Seven and Eight and subject also to the following sub-clauses of this clause 8. 8.2 The minimum terms applicable to the exercise of Videogram Rights by the BBC are set out in Schedule Eleven. 8.3 By signing the Deal Memo, the Writer and the BBC agree and understand that the fee, residual or royalty for any usage of the Script for which a payment has not been specifically set out in this Agreement shall be subject to determination in accordance with the mechanism of the Forum. 8.4 Where the Writer has written the Script jointly with another writer or writers who have been separately commissioned then the Writer shall be entitled to a share which in the absence of agreement to the contrary shall bear the same proportion to the full royalty as the Writer’s Fee bears to the aggregate of the Writer’s Fee and the other writers’ Fees. 8.5 If any script by another writer or other featured material is with the consent of the Writer (which shall not be unreasonably withheld) included in a product sold in exercise of the Download to Own Rights or by way of Audio Publication, the Writer shall receive such proportionate share of the royalties set out in Schedule Ten as the Script (if written by the Writer alone) bears to the total number of scripts included in the product or such lesser amount as the Writer may agree if such scripts are the same duration. If the scripts included in the product are of a different durations duration the BBC will consult with Writer shall receive such proportionate share of the writers concerned and agree an appropriate apportionment royalty as the duration of royalties prior their script bears to exploitation the duration of such rightsthe product. 8.6 In order to take account of the specific requirements of third party co-financiers financiers, pre-sales or co-producers the BBC shall be entitled to negotiate in good faith with the Writer a buy-out of the Writer’s right to receive any fee residual or royalty in place of the arrangements set out in this Agreement. In these negotiations the BBC will take into account the market value of the additional rights that it is seeking to buy out.

Commercial Exploitation. 8.1 The BBC shall pay to the Writer sums equal to the shares of its revenues from exploitation set out in Schedule Ten Four or credit the same amount against any Advance paid under Schedule One, Seven and Eight clause 6 above and subject also to the following sub-sub- clauses of this clause 8. 8.2 The minimum terms applicable to the exercise of Videogram Rights by the BBC are set out in Schedule ElevenFive. 8.3 By signing the Deal Memo, the Writer and the BBC agree and understand that the fee, residual or royalty for any usage of the Script for which a payment has not been specifically set out in this Agreement shall be subject to determination in accordance with the mechanism of the Forum. 8.4 Where the Writer has written the Script jointly with another writer or writers who have been separately commissioned then the Writer shall be entitled to a share which in the absence of agreement to the contrary shall bear the same proportion to the full royalty as the Writer’s Writer‟s Fee bears to the aggregate of the Writer’s Writer‟s Fee and the other writers’ writers‟ Fees. 8.5 If any script by another writer or other featured material is with the consent of the Writer (which shall not be unreasonably withheld) included in a product sold in exercise of the Download to Own Rights or by way of Audio Publication, the Writer shall receive such proportionate share of the royalties set out in Schedule Ten Four as the Script (if written by the Writer alone) bears to the total number of scripts included in the product or such lesser amount as the Writer may agree if such scripts are the same duration. If the scripts included in the product are of different durations the BBC will consult with the writers concerned and agree an appropriate apportionment of royalties prior to exploitation of such rights. 8.6 In order to take account of the specific requirements of third party co-financiers or co-producers the BBC shall be entitled to negotiate in good faith with the Writer a buy-out of the Writer’s Writer‟s right to receive any fee residual or royalty in place of the arrangements set out in this Agreement. In these negotiations the BBC will take into account the market value of the additional rights that it is seeking to buy out.