Common use of Format Rights and Characters Clause in Contracts

Format Rights and Characters. 4.1 A Format Agreement will be required where the Format has been provided by the Writer (or jointly by the Writer and the BBC).Where no Format Agreement is concluded at the time of Script commission both parties will enter good faith negotiations for such Format Agreement. Once a Format Agreement is agreed, then in the event of any conflict between the terms of this Agreement and the Format Agreement the latter shall prevail. 4.2 Whether or not a Format Agreement is required the Writer shall nevertheless retain all rights in any character dimensionally created by the Writer who appears in the Script except where the character is created in accordance with a detailed specific brief provided by the BBC where the BBC shall retain such rights. If the BBC wishes to make use of a character in which the Writer retains all rights in scripts written by other writers the BBC shall first come to an agreement with the Writer as to the basis upon which such usage may be made. The Writer shall not make use of any such character except as provided for under clause 4.5 below. 4.3 If the Script is for a Long Running Series clause 19 shall apply. 4.4 The BBC acknowledges that there may be occasional circumstances where the Writer is commissioned under this Agreement to dramatise or adapt a source work and the commission requires the addition of substantial original material or significant alteration to the narrative structure of the source work. In such circumstances there shall be a good faith negotiation to agree any contractual terms additional to the terms of this Agreement to reflect and protect such origination. 4.5 Where the Writer has retained all rights in characters dimensionally created by the Writer in accordance with Clause 4.2 above: 4.5.1 the Writer shall not use or license or assign the use of such characters without the prior approval of the BBC during the development period and until a Programme commissioning decision has been made; 4.5.2 if the Script proceeds to Programme production, any further use of the characters created by the Writer in connection with: • any other film, television, radio, online or other audio-visual version • any stage production; • any advertising campaigns; • or otherwise in connection with the promotion of any service, business or product, whether in or outside the UK, shall be mutually agreed between the Writer and the BBC, with both parties acting reasonably and in good faith.

Format Rights and Characters. 4.1 A Format Agreement will be required where the Format has been provided by the Writer (or jointly by the Writer and the BBC).Where BBC) and the Script is intended as an episode of a Series for which it is contemplated that writers other than the Writer will write one or more episodes. The BBC acknowledges that the Writer also provides the Format where a single Script or Series entirely written by the Writer is commissioned based solely on the Writer’s work. Where no Format Agreement is concluded at the time of Script commission and circumstances later require a Format Agreement to be put in place, both parties will enter good faith negotiations for such Format Agreement. Once a Format Agreement is agreed, then in the event of any conflict between the terms of this Agreement and the Format Agreement the latter shall prevail. 4.2 Whether or not a Format Agreement is required the Writer shall nevertheless retain all rights in any character dimensionally created by the Writer who appears in the Script except where the character is created in accordance with a detailed specific brief provided by the BBC where the BBC shall retain such rights. If the BBC wishes to make use of a character in which the Writer retains all rights in scripts written by other writers the BBC shall first come to an agreement with the Writer as to the basis upon which such usage may be made. The Writer shall not make use of any such character except as provided during any period in which the BBC has the right to continue to produce programmes based upon the Format for under clause 4.5 belowthe Series. 4.3 If the Script is for a Long Running Series clause 19 shall apply. 4.4 The BBC acknowledges that there may be occasional circumstances where the Writer is commissioned under this Agreement to dramatise or adapt a source work and the commission requires the addition of substantial original material or significant alteration to the narrative structure of the source work. In such circumstances there shall be a good faith negotiation to agree any contractual terms additional to the terms of this Agreement to reflect and protect such origination. 4.5 Where the Writer has retained all rights in characters dimensionally created by the Writer in accordance with Clause 4.2 above: 4.5.1 , the Writer shall not use or license or assign the use of such characters outside of the Programme without the prior approval of the BBC exercised as follows: 4.5.1 The right of approval shall apply to any character appearing in more than one Programme or episode of a Series, during a period of twelve months from the development date of first Transmission of the last episode of the Series provided that such rights will continue for each continuous further period and until of twelve months in respect of each Series if: (a) a Programme commissioning decision has been made;further Series is commissioned within twelve months of Transmission of the last episode; or (b) the BBC repeats any Series in Peak on BBC One, BBC Two, BBC Three or BBC Four within twelve months of Transmission of the last episode or of a previous repeat showing in Peak of a Series on BBC One, BBC Two, BBC Three or BBC Four 4.5.2 if Approval regarding use or licensing or assignment of the Script proceeds right to Programme productionuse characters shall be limited to the use of characters in connection with programmes for any other UK film or television producer or broadcaster, any further use of the characters created by the Writer in connection with: • any other film, television, radio, online UK stage production or other audio-visual version • any stage production; • any advertising campaigns; • , or otherwise in connection with the promotion of any service, business or product, whether . 4.5.3 The BBC undertakes that it will not in or outside the UK, shall be mutually agreed between the Writer exercise of its right of approval require payments and the BBC, with both parties acting that it will exercise its right of approval reasonably and in good faithaccordance with the BBC’s Editorial Guidelines 4.5.4 For clarity, the right of approval does not extend to approval of the commercial terms of such use of dimensionally created characters.

Format Rights and Characters. 4.1 A Format Agreement will be required where the Format has been provided by the Writer (or jointly by the Writer and the BBC).Where BBC) and the Script is intended as an episode of a Series for which it is contemplated that writers other than the Writer will write one or more episodes. The BBC acknowledges that the Writer also provides the Format where a single Script or Series entirely written by the Writer is commissioned based solely on the Writer’s work. Where no Format Agreement is concluded at the time of Script commission and circumstances later require a Format Agreement to be put in place, both parties will enter good faith negotiations for such Format Agreement. Once a Format Agreement is agreed, then in the event of any conflict between the terms of this Agreement and the Format Agreement the latter shall prevail. 4.2 Whether or not a Format Agreement is required the Writer shall nevertheless retain all rights in any character dimensionally created by the Writer who appears in the Script except where the character is created in accordance with a detailed specific brief provided by the BBC where the BBC shall retain such rights. If the BBC wishes to make use of a character in which the Writer retains all rights in scripts written by other writers the BBC shall first come to an agreement with the Writer as to the basis upon which such usage may be made. The Writer shall not make use of any such character except as provided during any period in which the BBC has the right to continue to produce programmes based upon the Format for under clause 4.5 belowthe Series. 4.3 If the Script is for a Long Running Series clause 19 shall apply. 4.4 The BBC acknowledges that there may be occasional circumstances where the Writer is commissioned under this Agreement to dramatise or adapt a source work and the commission requires the addition of substantial original material or significant alteration to the narrative structure of the source work. In such circumstances there shall be a good faith negotiation to agree any contractual terms additional to the terms of this Agreement to reflect and protect such origination. 4.5 4.4 Where the Writer has retained all rights in characters dimensionally created by the Writer in accordance with Clause 4.2 above: 4.5.1 , the Writer shall not use or license or assign the use of such characters outside of the Programme without the prior approval of the BBC exercised as follows: 4.4.1 The right of approval shall apply to any character appearing in more than one Programme or episode of a Series, during a period of twelve months from the development date of first Transmission of the last episode of the Series provided that such rights will continue for each continuous further period and until of twelve months in respect of each Series if: (a) a Programme commissioning decision has been made;further Series is commissioned within twelve months of Transmission of the last episode; or 4.5.2 if (b) the Script proceeds BBC repeats any Series in Peak on BBC One, BBC Two, BBC Three or BBC Four within twelve months of Transmission of the last episode or of a previous repeat showing in Peak of a Series on BBC One, BBC Two, BBC Three or BBC Four 4.4.2 Approval regarding use or licensing or assignment of the right to Programme productionuse characters shall be limited to the use of characters in connection with programmes for any other UK film or television producer or broadcaster, any further use of the characters created by the Writer in connection with: • any other film, television, radio, online UK stage production or other audio-visual version • any stage production; • any advertising campaigns; • , or otherwise in connection with the promotion of any service, business or product, whether . 4.4.3 The BBC undertakes that it will not in or outside the UK, shall be mutually agreed between the Writer exercise of its right of approval require payments and the BBC, with both parties acting that it will exercise its right of approval reasonably and in good faithaccordance with the BBC’s Editorial Guidelines. 4.4.4 For clarity, the right of approval does not extend to approval of the commercial terms of such use of dimensionally created characters.

Format Rights and Characters. 4.1 A Format Agreement will be required where the Format has been provided by the Writer (or jointly by the Writer and the BBC).Where BBC) and the Script is intended as an episode of a Series for which it is contemplated that writers other than the Writer will write one or more episodes. The BBC acknowledges that the Writer also provides the Format where a single Script or Series entirely written by the Writer is commissioned based solely on the Writer‟s work. Where no Format Agreement is concluded at the time of Script commission and circumstances later require a Format Agreement to be put in place, both parties will enter good faith negotiations for such Format Agreement. Once a Format Agreement is agreed, then in the event of any conflict between the terms of this Agreement and the Format Agreement the latter shall prevail. 4.2 Whether or not a Format Agreement is required the Writer shall nevertheless retain all rights in any character dimensionally created by the Writer who appears in the Script except where the character is created in accordance with a detailed specific brief provided by the BBC where the BBC shall retain such rights. If the BBC wishes to make use of a character in which the Writer retains all rights in scripts written by other writers the BBC shall first come to an agreement with the Writer as to the basis upon which such usage may be made. The Writer shall not make use of any such character except as provided during any period in which the BBC has the right to continue to produce programmes based upon the Format for under clause 4.5 belowthe Series. 4.3 If the Script is for a Long Running Series clause 19 shall apply. 4.4 The BBC acknowledges that there may be occasional circumstances where the Writer is commissioned under this Agreement to dramatise or adapt a source work and the commission requires the addition of substantial original material or significant alteration to the narrative structure of the source work. In such circumstances there shall be a good faith negotiation to agree any contractual terms additional to the terms of this Agreement to reflect and protect such origination. 4.5 Where the Writer has retained all rights in characters dimensionally created by the Writer in accordance with Clause 4.2 above: 4.5.1 , the Writer shall not use or license or assign the use of such characters outside of the Programme without the prior approval of the BBC exercised as follows: 4.5.1 The right of approval shall apply to any character appearing in more than one Programme or episode of a Series, during a period of twelve months from the development date of first Transmission of the last episode of the Series provided that such rights will continue for each continuous further period and until of twelve months in respect of each Series if: (a) a Programme commissioning decision has been made;further Series is commissioned within twelve months of Transmission of the last episode; or (b) the BBC repeats any Series in Peak on BBC One, BBC Two, BBC Three or BBC Four within twelve months of Transmission of the last episode or of a previous repeat showing in Peak of a Series on BBC One, BBC Two, BBC Three or BBC Four 4.5.2 if Approval regarding use or licensing or assignment of the Script proceeds right to Programme productionuse characters shall be limited to the use of characters in connection with programmes for any other UK film or television producer or broadcaster, any further use of the characters created by the Writer in connection with: • any other film, television, radio, online UK stage production or other audio-visual version • any stage production; • any advertising campaigns; • , or otherwise in connection with the promotion of any service, business or product, whether . 4.5.3 The BBC undertakes that it will not in or outside the UK, shall be mutually agreed between the Writer exercise of its right of approval require payments and the BBC, with both parties acting that it will exercise its right of approval reasonably and in good faithaccordance with the BBC‟s Editorial Guidelines 4.5.4 For clarity, the right of approval does not extend to approval of the commercial terms of such use of dimensionally created characters.