Common use of Editing Clause in Contracts

Editing. (a) The Producer shall show the first rough cut and any subsequent rough cuts of the Programme(s) to Channel 4 in London (or as otherwise agreed) and will further (unless Channel 4 agrees that viewing of the Producer’s final version is not required) notify Channel 4 in writing when the Producer’s final version of the Programme(s) is available for viewing and as soon as possible thereafter the Producer shall screen the Producer’s final version for viewing by Channel 4 at such reasonable time and at such venue in London (or as otherwise agreed) as Channel 4 may require so that such screening will not interfere with the agreed production schedule. (b) The Producer will give full consideration in good faith to all suggestions made by Channel 4 for the final cutting of the Programme(s) and if Channel 4 notifies the Producer of any comments on the rough cut the Producer will carry out all changes to or edit such rough cuts as Channel 4 may require and/or if Channel 4 notifies the Producer of any comments on the Producer’s final version:- (i) the Producer shall carry out all changes to or edit such final version as Channel 4 may require to meet the requirements of the current Ofcom Broadcasting Code and accompanying Ofcom Guidance on the Code, the Channel 4 Producers Handbook and the Channel 4 Guidelines as amended from time to time, any codes, regulations, rules and guidance applicable to on demand services, in force at the date of Technical Acceptance , and/or to comply with any representation, warranty or undertaking by the Producer or other contractual specification in respect of the Programme(s) herein contained (including without limitation the Editorial Specification) and/or to conform to legal and/or compliance advice provided by Channel 4 and the cost of such changes or editing shall be borne by the Producer; (ii) the Producer shall carry out any other changes to or edit such final version other than as required pursuant to clause 12 (b) (i) above as requested by Channel 4 and all direct costs and expenses arising therefrom which are notified to Channel 4 prior to being incurred and as approved in writing by Channel 4’s Commercial Affairs Manager shall be paid or reimbursed by Channel 4. (c) As soon as the final cut of the Programme(s) is completed the Producer shall deliver the Programme(s) to Channel 4 in London and the Producer shall carry out (or shall reimburse Channel 4 the costs incurred by Channel 4 in carrying out) all changes to or editing of the Programme(s) as may be necessary to meet the requirements of the current Ofcom Broadcasting Code, accompanying Ofcom Guidance on the Code, the Channel 4 Producers Handbook and the Channel 4 Guidelines) as amended from time to time, any codes, regulations, rules and guidance applicable to on demand services in force at the date of Technical Acceptance and/or to comply with any representation, warranty or undertaking by the Producer and/or other contractual specification in respect of the Programme(s) (including without limitation the Editorial Specification) and/or to conform to legal and/or compliance advice provided by Channel 4. (d) Channel 4 shall notify the Producer as soon as reasonably possible if and when it shall have approved the final version of a Programme as being in a form satisfactory to Channel 4; in case of editing on film until such acceptance by Channel 4 all cutting shall be done on positive copies of the Programme(s) and the negative shall not be cut. (e) Neither the Producer nor Channel 4 shall be entitled in the exercise of their respective rights under this Agreement to change the titles of the Programme(s) for the purpose of broadcast or other use of the Programme(s) in the Territory during the Term or any extension thereof. (f) Save as expressly provided herein Channel 4 shall not cut or edit the Programme(s) for any transmission on the Channel 4 Service or More4 Service or the E4 Service except to meet time segment requirements and to interpolate advertising, public service announcements and similar material at intervals during any transmission on the Channel 4 Service or More4 Service PROVIDED ALWAYS THAT to enable the exercise of its rights in the Programme(s) Channel 4 shall be entitled: to commission and include or relay with any communication to the public of the Programme(s) subtitles or surtitles either as translation of narrative or dialogue included in the Programme(s) or for the hard of hearing; to arrange for the Programme(s) to be broadcast, transmitted or exhibited with audio description to promote the understanding and enjoyment of the Programme(s) by sensory impaired people including those who are blind and partially sighted; to arrange for the Programme(s) to be broadcast, transmitted or exhibited with signing in open or electronic form for the deaf or hard of hearing; to exercise with any broadcast, transmission or exhibition of the Programme(s) Teletext Rights and Interactive Television Rights; (without prejudice to its other rights and remedies pursuant to this Agreement) to cut or edit the Programme(s) to ensure compliance with any applicable laws, the current Ofcom Broadcasting Code, accompanying Ofcom Guidance on the Code, the Channel 4 Producers Handbook and the Channel 4 Guidelines), as amended from time to time, any codes, regulations, rules and guidance applicable to on demand services, and/or to the extent necessary as a result of any failure of the Producer to comply with any representation, warranty or undertaking by the Producer or other contractual specification in respect of the Programme(s) (including without limitation the Editorial Specification and/or to conform to legal and/or compliance advice provided by Channel 4 or external advisors or to avoid any legal claim. (g) For the avoidance of doubt and only insofar as and to the extent that any such acts relate to enabling Channel 4 (and its Associate(s) and licensees) to properly exercise any of Channel 4’s rights hereunder in any and all media (now known or hereafter devised), the Producer hereby acknowledges and agrees that Channel 4 shall be entitled to (and to authorise others to) in respect of the Programme(s) and the Format perform any and all “acts restricted by copyright” (as that expression is used in section 16 of the CDPA) including without limitation to cut, edit, adapt, store, reproduce, copy, transmit, download, stream, re-format, adjust, manipulate and/or modify the Programme(s) (and any part(s) thereof) in sound and/or vision and to permit access thereto, viewing thereof and storage of the same in any manner and/or media.

Appears in 4 contracts

Samples: Commissioning Agreement, Commissioning Agreement, Commissioning Agreement

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Editing. (a) The Producer shall show the first rough cut and any subsequent rough cuts of the Programme(s) to Channel 4 in London (or as otherwise agreed) and will further (unless Channel 4 agrees that viewing of the Producer’s final version is not required) notify Channel 4 in writing when the Producer’s final version of the Programme(s) is available for viewing and as soon as possible thereafter the Producer shall screen the Producer’s final version for viewing by Channel 4 at such reasonable time and at such venue in London (or as otherwise agreed) as Channel 4 may require so that such screening will not interfere with the agreed production schedule. (b) The Producer will give full consideration in good faith to all suggestions made by Channel 4 for the final cutting of the Programme(s) and if Channel 4 notifies the Producer of any comments on the rough cut the Producer will carry out all changes to or edit such rough cuts as Channel 4 may require and/or if Channel 4 notifies the Producer of any comments on the Producer’s final version:- (i) the Producer shall carry out all changes to or edit such final version as Channel 4 may require to meet the requirements of the current Ofcom Broadcasting Code and accompanying Ofcom Guidance Guidance,on the CodeCode the Viewer Trust Guidelines, the Channel 4 Producers Independent Producers’ Handbook and the Channel 4 Guidelines as amended from time to time, any codes, applicable regulations, rules and guidance applicable to on demand services, in force at Channel 4’s Online and Mobile Competition and Online Votes guidelines and where appropriate the date current PhonePay Plus Code of Technical Acceptance , and/or Practice to comply with any representation, warranty or undertaking by the Producer or other contractual specification in respect of the Programme(s) herein contained (including without limitation the Editorial Specification) and/or or to conform to legal and/or compliance advice provided by Channel 4 and the cost of such changes or editing shall be borne by the Producer; (ii) the Producer shall carry out any other changes to or edit such final version other than as required pursuant to clause 12 (b) (i) above as requested by Channel 4 and all direct costs and expenses arising therefrom which are notified to Channel 4 prior to being incurred and as approved in writing by Channel 4’s Commercial Affairs Manager shall be paid or reimbursed by Channel 4. (c) As soon as the final cut of the Programme(s) is completed the Producer shall deliver the Programme(s) to Channel 4 in London and the Producer shall carry out (or shall reimburse Channel 4 the costs incurred by Channel 4 in carrying out) all changes to or editing of the Programme(s) as may be necessary to meet the requirements of the current Ofcom Broadcasting Code, accompanying Ofcom Guidance on the Code,the Viewer Trust Guidelines, the Channel 4 Producers The Independent Producers’ Handbook and the Channel 4 Guidelines) as amended from time to time, any codes, regulations, rules and guidance applicable to on demand services in force at services, Channel 4’s Online and Mobile Competition and Online Votes guidelines and where appropriate the date current PhonePay Plus Code of Technical Acceptance and/or Practice to comply with any representation, warranty or undertaking by the Producer and/or or other contractual specification in respect of the Programme(s) (including without limitation the Editorial Specification) and/or or to conform to legal and/or compliance advice provided by Channel 4. (d) Channel 4 shall notify the Producer as soon as reasonably possible if and when it shall have approved the final version of a Programme as being in a form satisfactory to Channel 4; in case of editing on film until such acceptance by Channel 4 all cutting shall be done on positive copies of the Programme(s) and the negative shall not be cut. (e) Neither the Producer nor Channel 4 shall be entitled in the exercise of their respective rights under this Agreement to change the titles of the Programme(s) for the purpose of broadcast or other use of the Programme(s) in the Territory during the Term or any extension thereof. (f) Save as expressly provided herein Channel 4 shall not cut or edit the Programme(s) for any transmission on the Channel 4 Service or More4 Service or the E4 Service except to meet time segment requirements and to interpolate advertising, public service announcements and similar material at intervals during any transmission on the Channel 4 Service or More4 Service PROVIDED ALWAYS THAT to enable the exercise of its rights in the Programme(s) Channel 4 shall be entitled: to commission and include or relay with any communication to the public of the Programme(s) subtitles or surtitles either as translation of narrative or dialogue included in the Programme(s) or for the hard of hearing; to arrange for the Programme(s) to be broadcast, transmitted or exhibited with audio description to promote the understanding and enjoyment of the Programme(s) by sensory impaired people including those who are blind and partially sighted; to arrange for the Programme(s) to be broadcast, transmitted or exhibited with signing in open or electronic form for the deaf or hard of hearing; to exercise with any broadcast, transmission or exhibition of the Programme(s) Teletext Rights and Interactive Television Rights; (without prejudice to its other rights and remedies pursuant to this Agreement) to cut or edit the Programme(s) to ensure compliance with any applicable laws, the current Ofcom Broadcasting Code, accompanying Ofcom Guidance on the Code, the Channel 4 Producers Handbook and the Channel 4 Guidelines), as amended from time to time, any codes, regulations, rules and guidance applicable to on demand services, and/or to the extent necessary as a result of any failure of the Producer to comply with any representation, warranty or undertaking by the Producer or other contractual specification in respect of the Programme(s) (including without limitation the Editorial Specification and/or to conform to legal and/or compliance advice provided by Channel 4 or external advisors or to avoid any legal claim. (g) For the avoidance of doubt and only insofar as and to the extent that any such acts relate to enabling Channel 4 (and its Associate(s) and licensees) to properly exercise any of Channel 4’s rights hereunder in any and all media (now known or hereafter devised), the Producer hereby acknowledges and agrees that Channel 4 shall be entitled to (and to authorise others to) in respect of the Programme(s) and the Format perform any and all “acts restricted by copyright” (as that expression is used in section 16 of the CDPA) including without limitation to cut, edit, adapt, store, reproduce, copy, transmit, download, stream, re-format, adjust, manipulate and/or modify the Programme(s) (and any part(s) thereof) in sound and/or vision and to permit access thereto, viewing thereof and storage of the same in any manner and/or media.;

Appears in 3 contracts

Samples: Commissioning Agreement, Commissioning Agreement, Commissioning Agreement

Editing. (a) The Producer shall show the first rough cut and any subsequent rough cuts of the Programme(s) to Channel 4 in London (or as otherwise agreed) and will further (unless Channel 4 agrees that viewing of the Producer’s final version is not required) notify Channel 4 in writing when the Producer’s final version of the Programme(s) is available for viewing and as soon as possible thereafter the Producer shall screen the Producer’s final version for viewing by Channel 4 at such reasonable time and at such venue in London (or as otherwise agreed) as Channel 4 may require so that such screening will not interfere with the agreed production schedule. (b) The Producer will give full consideration in good faith to all suggestions made by Channel 4 for the final cutting of the Programme(s) and if Channel 4 notifies the Producer of any comments on the rough cut the Producer will carry out all changes to or edit such rough cuts as Channel 4 may require and/or if Channel 4 notifies the Producer of any comments on the Producer’s final version:- (i) the Producer shall carry out all changes to or edit such final version as Channel 4 may require to meet the requirements of the current Ofcom Broadcasting Code and accompanying Ofcom Guidance Guidance,on the CodeCode the Viewer Trust Guidelines, the Channel 4 Producers Independent Producers’ Handbook and the Channel 4 Guidelines as amended from time to time, any codes, applicable regulations, rules and guidance applicable to on demand services, in force at Channel 4’s Online and Mobile Competition and Online Votes guidelines and where appropriate the date current PhonePay Plus Code of Technical Acceptance , and/or Practice to comply with any representation, warranty or undertaking by the Producer or other contractual specification in respect of the Programme(s) herein contained (including without limitation the Editorial Specification) and/or or to conform to legal and/or compliance advice provided by Channel 4 and the cost of such changes or editing shall be borne by the Producer; (ii) the Producer shall carry out any other changes to or edit such final version other than as required pursuant to clause 12 (b) (i) above as requested by Channel 4 and all direct costs and expenses arising therefrom which are notified to Channel 4 prior to being incurred and as approved in writing by Channel 4’s Commercial Affairs Manager shall be paid or reimbursed by Channel 4. (c) As soon as the final cut of the Programme(s) is completed the Producer shall deliver the Programme(s) to Channel 4 in London and the Producer shall carry out (or shall reimburse Channel 4 the costs incurred by Channel 4 in carrying out) all changes to or editing of the Programme(s) as may be necessary to meet the requirements of the current Ofcom Broadcasting Code, accompanying Ofcom Guidance on the Code,the Viewer Trust Guidelines, the Channel 4 Producers The Independent Producers’ Handbook and the Channel 4 Guidelines) as amended from time to time, any codes, regulations, rules and guidance applicable to on demand services in force at services, Channel 4’s Online and Mobile Competition and Online Votes guidelines and where appropriate the date current PhonePay Plus Code of Technical Acceptance and/or Practice to comply with any representation, warranty or undertaking by the Producer and/or or other contractual specification in respect of the Programme(s) (including without limitation the Editorial Specification) and/or or to conform to legal and/or compliance advice provided by Channel 4. (d) Channel 4 shall notify the Producer as soon as reasonably possible if and when it shall have approved the final version of a Programme as being in a form satisfactory to Channel 4; in case of editing on film until such acceptance by Channel 4 all cutting shall be done on positive copies of the Programme(s) and the negative shall not be cut. (e) Neither the Producer nor Channel 4 shall be entitled in the exercise of their respective rights under this Agreement to change the titles of the Programme(s) for the purpose of broadcast or other use of the Programme(s) in the Territory during the Term or any extension thereof. (f) Save as expressly provided herein Channel 4 shall not cut or edit the Programme(s) for any transmission on the Channel 4 Service or More4 Service or the E4 Service except to meet time segment requirements and to interpolate advertising, public service announcements and similar material at intervals during any transmission on the Channel 4 Service or More4 Service PROVIDED ALWAYS THAT to enable the exercise of its rights in the Programme(s) Channel 4 shall be entitled: : (i) to commission and include or relay with any communication to the public of the Programme(s) subtitles or surtitles either as translation of narrative or dialogue included in the Programme(s) or for the hard of hearing; ; (ii) to arrange for the Programme(s) to be broadcast, transmitted or exhibited with audio description to promote the understanding and enjoyment of the Programme(s) by sensory impaired people including those who are blind and partially sighted; ; (iii) to arrange for the Programme(s) to be broadcast, transmitted or exhibited with signing in open or electronic form for the deaf or hard of hearing; ; (iv) to exercise with any broadcast, transmission or exhibition of the Programme(s) Teletext Rights and Interactive Television Rights; . (v) (without prejudice to its other rights and remedies pursuant to this Agreement) to cut or edit the Programme(s) to ensure compliance with any applicable laws, the current Ofcom Broadcasting Code, accompanying Ofcom Guidance on the Code, the Channel 4 Producers Viewer Trust Guidelines, The Independent Producers’ Handbook and the Channel 4 Guidelines), as amended from time to time, any codes, regulations, rules and guidance applicable to on demand services, and/or Channel 4’s Online and Mobile Competition and Online Votes guidelines and where appropriate the current PhonePay Plus Code of Practice or to the extent necessary as a result of any failure of the Producer to comply with any representation, warranty or undertaking by the Producer or other contractual specification in respect of the Programme(s) (including without limitation the Editorial Specification and/or or to conform to legal and/or compliance advice provided by Channel 4 or external advisors or to avoid any legal claim.; (g) For the avoidance of doubt and only insofar as and to the extent that any such acts relate to enabling Channel 4 (and its Associate(s) and licensees) to properly exercise any of Channel 4’s rights hereunder in any and all media (now known or hereafter devised), the Producer hereby acknowledges and agrees that Channel 4 shall be entitled to (and to authorise others to) in respect of the Programme(s) and the Format perform any and all “acts restricted by copyright” (as that expression is used in section 16 of the CDPA) including without limitation to cut, edit, adapt, store, reproduce, copy, transmit, download, stream, re-format, adjust, manipulate and/or modify the Programme(s) (and any part(s) thereof) in sound and/or vision and to permit access thereto, viewing thereof and storage of the same in any manner and/or media.

Appears in 3 contracts

Samples: Commissioning Agreement, Commissioning Agreement, Commissioning Agreement

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Editing. (a) The Producer shall show the first rough cut and any subsequent rough cuts of the Programme(s) to Channel 4 in London (or as otherwise agreed) and will further (unless Channel 4 agrees that viewing of the Producer’s final version is not required) notify Channel 4 in writing when the Producer’s final version of the Programme(s) is available for viewing and as soon as possible thereafter the Producer shall screen the Producer’s final version for viewing by Channel 4 at such reasonable time and at such venue in London (or as otherwise agreed) as Channel 4 may require so that such screening will not interfere with the agreed production schedule. (b) The Producer will give full consideration in good faith to all suggestions made by Channel 4 for the final cutting of the Programme(s) and if Channel 4 notifies the Producer of any comments on the rough cut the Producer will carry out all changes to or edit such rough cuts as Channel 4 may require and/or if Channel 4 notifies the Producer of any comments on the Producer’s final version:- (i) the Producer shall carry out all changes to or edit such final version as Channel 4 may require to meet the requirements of the current Ofcom Broadcasting Code and accompanying Ofcom Guidance on the Code, the Channel 4 Producers Handbook and the Channel 4 Guidelines as amended from time to time, any codes, regulations, rules and guidance applicable to on demand services, in force at the date of Technical Acceptance , and/or to comply with any representation, warranty or undertaking by the Producer or other contractual specification in respect of the Programme(s) herein contained (including without limitation the Editorial Specification) and/or to conform to legal and/or compliance advice provided by Channel 4 and the cost of such changes or editing shall be borne by the Producer; (ii) the Producer shall carry out any other changes to or edit such final version other than as required pursuant to clause 12 (b) (i) above as requested by Channel 4 and all direct costs and expenses arising therefrom which are notified to Channel 4 prior to being incurred and as approved in writing by Channel 4’s Commercial Affairs Manager shall be paid or reimbursed by Channel 4. (c) As soon as the final cut of the Programme(s) is completed the Producer shall deliver the Programme(s) to Channel 4 in London and the Producer shall carry out (or shall reimburse Channel 4 the costs incurred by Channel 4 in carrying out) all changes to or editing of the Programme(s) as may be necessary to meet the requirements of the current Ofcom Broadcasting Code, accompanying Ofcom Guidance on the Code, the Channel 4 Producers Handbook and the Channel 4 Guidelines) as amended from time to time, any codes, regulations, rules and guidance applicable to on demand services in force at the date of Technical Acceptance and/or to comply with any representation, warranty or undertaking by the Producer and/or other contractual specification in respect of the Programme(s) (including without limitation the Editorial Specification) and/or to conform to legal and/or compliance advice provided by Channel 4. (d) Channel 4 shall notify the Producer as soon as reasonably possible if and when it shall have approved the final version of a Programme as being in a form satisfactory to Channel 4; in case of editing on film until such acceptance by Channel 4 all cutting shall be done on positive copies of the Programme(s) and the negative shall not be cut. (e) Neither the Producer nor Channel 4 shall be entitled in the exercise of their respective rights under this Agreement to change the titles of the Programme(s) for the purpose of broadcast or other use of the Programme(s) in the Territory during the Term or any extension thereof. (f) Save as expressly provided herein Channel 4 shall not cut or edit the Programme(s) for any transmission on the Channel 4 Service or More4 Service or the E4 Service except to meet time segment requirements and to interpolate advertising, public service announcements and similar material at intervals during any transmission on the Channel 4 Service or More4 Service PROVIDED ALWAYS THAT to enable the exercise of its rights in the Programme(s) Channel 4 shall be entitled: : (i) to commission and include or relay with any communication to the public of the Programme(s) subtitles or surtitles either as translation of narrative or dialogue included in the Programme(s) or for the hard of hearing; ; (ii) to arrange for the Programme(s) to be broadcast, transmitted or exhibited with audio description to promote the understanding and enjoyment of the Programme(s) by sensory impaired people including those who are blind and partially sighted; ; (iii) to arrange for the Programme(s) to be broadcast, transmitted or exhibited with signing in open or electronic form for the deaf or hard of hearing; ; (iv) to exercise with any broadcast, transmission or exhibition of the Programme(s) Teletext Rights and Interactive Television Rights; ; (v) (without prejudice to its other rights and remedies pursuant to this Agreement) to cut or edit the Programme(s) to ensure compliance with any applicable laws, the current Ofcom Broadcasting Code, accompanying Ofcom Guidance on the Code, the Channel 4 Producers Handbook and the Channel 4 Guidelines), as amended from time to time, any codes, regulations, rules and guidance applicable to on demand services, and/or to the extent necessary as a result of any failure of the Producer to comply with any representation, warranty or undertaking by the Producer or other contractual specification in respect of the Programme(s) (including without limitation the Editorial Specification and/or to conform to legal and/or compliance advice provided by Channel 4 or external advisors or to avoid any legal claim. (g) For the avoidance of doubt and only insofar as and to the extent that any such acts relate to enabling Channel 4 (and its Associate(s) and licensees) to properly exercise any of Channel 4’s rights hereunder in any and all media (now known or hereafter devised), the Producer hereby acknowledges and agrees that Channel 4 shall be entitled to (and to authorise others to) in respect of the Programme(s) and the Format perform any and all “acts restricted by copyright” (as that expression is used in section 16 of the CDPA) including without limitation to cut, edit, adapt, store, reproduce, copy, transmit, download, stream, re-format, adjust, manipulate and/or modify the Programme(s) (and any part(s) thereof) in sound and/or vision and to permit access thereto, viewing thereof and storage of the same in any manner and/or media.

Appears in 2 contracts

Samples: Commissioning Agreement, Commissioning Agreement

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