EXTRACTS IN NEW PROGRAMMES Clause Samples

EXTRACTS IN NEW PROGRAMMES. 1. The BBC shall be entitled without consent (other than as provided in paragraph 2 below) to make use of extracts from the Programme based on the Script for incorporation in new programmes upon the terms set out in either paragraphs 3 to 6 of this Schedule Three and clause 5 of this Agreement as relevant. 2. The Writer’s consent shall be required for the use of extracts from comedy Programmes in programmes where the editorial principle for the selection of extracts is (a) the choice of a presenter in the role of celebrity rather than critic or interviewer or (b) that the extract is a defining moment in the original Programme. 3. If the new programme in which the extract is incorporated is intended for first transmission on BBC One or BBC Two, the BBC shall pay the Writer: 3.1 the Extract Pro Rata Fee to acquire one Transmission on BBC One or BBC Two and all Public Service uses associated with such Transmission; 3.2 if the programme incorporating the extract is subsequently repeated on BBC One or BBC Two, those percentages set out in paragraph 1 of Schedule One, but applied to the Extract Pro Rata Fee for each repeat Transmission on BBC One or BBC Two and all other Public Service uses associated with such repeat Transmissions; and 3.3 if the programme incorporating the extract is subsequently repeated on a Secondary Channel, 10% of the Extract Pro Rata Fee to acquire unlimited Transmissions on Secondary Channels for 6 or 12 month SCTWs as relevant in accordance with Schedule One clause 1 (c) of the Agreement and all other Public Services uses associated with such Transmissions. 4. If the new programme in which the extract is incorporated is intended for first transmission on Secondary Channels the BBC shall pay the Writer: 4.1 the Extract Pro Rata Fee to acquire unlimited Transmissions on Secondary Channels for a three month SCTW and all other Public Service uses associated with such Transmissions. The three month SCTW will commence on the first Transmission of the Programme on the Secondary Channel; 4.2 if the programme incorporating the extract is subsequently repeated on a Secondary Channel, 10% of the Extract Pro Rata Fee to acquire unlimited Transmissions on Secondary Channels for 6 or 12 month SCTWs as relevant in accordance with Clauses 2 (c ) and 3 (d ) of the Agreement and all other Public Service uses associated with such Transmissions; and 4.3 if the programme incorporating the extract is subsequently repeated on BBC One or BBC Two, those percen...