Common use of Long Running Series Clause in Contracts

Long Running Series. 19.1 Where the programme for which the Script is commissioned does not fall within the definition of a Long Running Series at the time of this commission but subsequent scripts are based on the same Format which do constitute a Long Running Series then the Script shall upon the first such subsequent commission become subject where applicable to the terms in this Agreement relating to Long Running Series. 19.2 If the programme for which the Script is commissioned would not fall within the definition of a Long Running Series at the time of this commission the BBC shall be entitled to designate it as subject to the provisions herein applying to a Script for a Long Running Series. Long Running Series shall be subject to agreement with the Society, the WGGB and the PMA of appropriate terms for writers. 19.3 In respect of Treatments and any other contributions for Long Running Series the Writer agrees in return for the payments set out in Schedule One of this Agreement: 19.3.1 to attend script conferences for consultation purposes as and when reasonably required at the appropriate offices and studios of the BBC and at such other place or places as the BBC may decide 19.3.2 to write Treatments and/or other material as specified in the Deal Memo 19.4 The Writer agrees that notwithstanding anything else herein unless otherwise specifically agreed in writing the title, Format, Treatments, characters and any other material contributed to any Long Running Series on which the Writer is engaged are (as between the Writer and the BBC) the property of the BBC and hereby irrevocably assigns with full title guarantee the entire copyright and all other proprietary rights in the Script, Format and Treatments and all and any other such material contributed by the Writer under this Agreement to the BBC for the duration of copyright throughout the World. For the avoidance of doubt the acquisition of an original Format created by a writer for a Long Running Series shall be contracted on separate terms. 19.5 For the avoidance of doubt and without prejudice to clause 19.4 above the Writer specifically undertakes not to use or authorise the use of such title, Script, Format, Treatments and characters otherwise than for the purposes of this Agreement without the written consent of the BBC. 19.6 Where the BBC has not accepted a Script for a Long Running Series it shall be entitled to make such use as it wishes of the storyline of that Script in return for a payment of 50% of the outstanding balance of the Fee and no further payments will be due to the Writer.

Long Running Series. 19.1 Where the programme Programme for which the Script is commissioned does not fall within the definition of a Long Running Series at the time of this commission commissioning but subsequent scripts are based on the same Format which do constitute a Long Running Series then the Script shall upon the first such subsequent commission become subject where applicable to the terms in this Agreement relating to Long Running Series.Series provided that the Writer shall not be required to repay any Advance under Schedule One, Seven and Eight.. 19.2 If the programme Programme for which the Script is commissioned would not fall within the definition of a Long Running Series at the time of this commission commissioning the BBC shall be entitled to designate it as subject to the provisions herein applying to a Script for a Long Running Series. Long Running Series shall be subject but if fewer than thirteen programmes based on the same Format are transmitted within twelve months from Acceptance of the Script the BBC will within fourteen days of that event pay the Writer a sum equal to agreement with the SocietyAdvance payment for other Scripts pursuant to Schedule One, the WGGB Seven and the PMA of appropriate terms for writersEight. 19.3 In respect of Treatments and any other contributions for Long Running Series Where the Writer agrees in return for the payments set out in Schedule One of this Agreement: 19.3.1 to attend script conferences for consultation purposes as and when reasonably required at the appropriate offices and studios of the BBC and at such other place or places as the BBC may decide 19.3.2 to write Treatments and/or other material as specified in the Deal Memo 19.4 The Writer agrees that notwithstanding anything else herein unless otherwise specifically agreed in writing the title, Format, Treatments, characters and any other material contributed to any Long Running Series on which the Writer Script is engaged are (as between the Writer and the BBC) the property of the BBC and hereby irrevocably assigns with full title guarantee the entire copyright and all other proprietary rights in the Script, Format and Treatments and all and any other such material contributed by the Writer under this Agreement to the BBC for the duration of copyright throughout the World. For the avoidance of doubt the acquisition of an original Format created by a writer for a Long Running Series shall be contracted on separate terms. 19.5 For the avoidance of doubt and without prejudice to clause 19.4 above if any character dimensionally created by the Writer specifically undertakes not to use or authorise is incorporated in the use of such title, Script, Format, Treatments and characters otherwise than for the purposes of this Agreement without the written consent of the BBC. 19.6 Where Script the BBC has not accepted a Script for a Long Running Series it shall be entitled to use such character for other programmes in that Long Running Series whether or not the scripts for such programmes are written by the Writer. 19.4 If sub-clause 19.3 applies the BBC will make an ex gratia payment to the Writer the amount of which shall be discussed with the Writer bearing in mind the extent of the use which the BBC envisages making of the character or the Format elements in future episodes provided that if such use as it wishes goes beyond that envisaged the BBC will make a further ex gratia payment to the Writer the amount of which shall also be discussed with the Writer. 19.5 As an exception to the provisions of Clause 6 concerning the points at which percentages of the storyline Fee shall be payable to the Writer, the following provisions for payment will apply in the case of that the Fee payable to a Writer commissioned to write a Script in return for the series ‘Casualty’ or ‘Holby City’, where the Writer is required to provide a payment of 50scene by scene treatment: (a) 25% of the outstanding balance Fee is payable on commissioning of a scene by scene treatment; (b) 25% of the Fee is payable on commissioning of the Script; (c) 25% of the Fee is payable on Delivery of the first draft, and no further payments payment is due in respect of a second or third draft; (d) 25% of the Fee is payable on Acceptance. Further, as an exception to the provisions of Clause 16.5, in the event that a fourth or subsequent draft of the Script is required but the Script is not Accepted, payment of the final 25% that would have been due on Acceptance (or any part of it) will be due the subject of a negotiation in good faith in order for the script to be taken over by the WriterBBC.

Long Running Series. 19.1 Where the programme Programme for which the Script is commissioned does not fall within the definition of a Long Running Series at the time of this commission commissioning but subsequent scripts are based on the same Format which do constitute a Long Running Series then the Script shall upon the first such subsequent commission become subject where applicable to the terms in this Agreement relating to Long Running SeriesSeries provided that the Writer shall not be required to repay any Advance under clause 6 above. 19.2 If the programme Programme for which the Script is commissioned would not fall within the definition of a Long Running Series at the time of this commission commissioning the BBC shall be entitled to designate it as subject to the provisions herein applying to a Script for a Long Running Series. Long Running Series shall be subject but if fewer than thirteen programmes based on the same Format are transmitted within twelve months from Acceptance of the Script the BBC will within fourteen days of that event pay the Writer a sum equal to agreement with the Society, the WGGB and the PMA of appropriate terms Advance payment for writersother Scripts pursuant to clause 6 above. 19.3 In respect of Treatments and any other contributions for Long Running Series Where the Writer agrees in return for the payments set out in Schedule One of this Agreement: 19.3.1 to attend script conferences for consultation purposes as and when reasonably required at the appropriate offices and studios of the BBC and at such other place or places as the BBC may decide 19.3.2 to write Treatments and/or other material as specified in the Deal Memo 19.4 The Writer agrees that notwithstanding anything else herein unless otherwise specifically agreed in writing the title, Format, Treatments, characters and any other material contributed to any Long Running Series on which the Writer Script is engaged are (as between the Writer and the BBC) the property of the BBC and hereby irrevocably assigns with full title guarantee the entire copyright and all other proprietary rights in the Script, Format and Treatments and all and any other such material contributed by the Writer under this Agreement to the BBC for the duration of copyright throughout the World. For the avoidance of doubt the acquisition of an original Format created by a writer for a Long Running Series if any character dimensionally created by the Writer is incorporated in the Script the BBC shall be contracted on separate termsentitled to use such character for other programmes in that Long Running Series whether or not the scripts for such programmes are written by the Writer. 19.4 If sub-clause 19.3 applies the BBC will make an ex gratia payment to the Writer the amount of which shall be discussed with the Writer bearing in mind the extent of the use which the BBC envisages making of the character or the Format elements in future episodes provided that if such use goes beyond that envisaged the BBC will make a further ex gratia payment to the Writer the amount of which shall also be discussed with the Writer. 19.5 For the avoidance of doubt and without prejudice to clause 19.4 above the Writer specifically undertakes not to use or authorise the use of such title, Script, Format, Treatments and characters otherwise than for the purposes of this Agreement without the written consent of the BBC. 19.6 Where the BBC has not accepted a Script for a Long Running Series it shall be entitled to make such use as it wishes of can buy out all rights in the storyline of that Script in return for a payment of 50% of the outstanding balance of the Fee and no further payments will be due to the Writer. 19.6 As an exception to the provisions of Clause 6.1 concerning the points at which percentages of the Fee shall be payable to the Writer, the following provisions for payment will apply in the case of the Fee payable to a Writer commissioned to write a Script for the series ‘Casualty’ or ‘Holby City’, where the Writer is required to provide a scene by scene treatment: (a) 25% of the Fee is payable on commissioning of a scene by scene treatment; (b) 25% of the Fee is payable on commissioning of the Script; (c) 25% of the Fee is payable on Delivery of the first draft, and no further payment is due in respect of a second or third draft; (d) 25% of the Fee is payable on Acceptance. Further, as an exception to the provisions of Clause 19.5, in the event that a fourth or subsequent draft of the Script is required but the Script is not Accepted, payment of the final 25% that would have been due on Acceptance (or any part of it) would be the subject of a negotiation in good faith in order for the script to be taken over by the BBC.

Long Running Series. 19.1 Where the programme Programme for which the Script is commissioned does not fall within the definition of a Long Running Series at the time of this commission commissioning but subsequent scripts are based on the same Format which do constitute a Long Running Series then the Script shall upon the first such subsequent commission become subject where applicable to the terms in this Agreement relating to Long Running SeriesSeries provided that the Writer shall not be required to repay any Advance under clause 6 above. 19.2 If the programme Programme for which the Script is commissioned would not fall within the definition of a Long Running Series at the time of this commission commissioning the BBC shall be entitled to designate it as subject to the provisions herein applying to a Script for a Long Running Series. Long Running Series shall be subject but if fewer than thirteen programmes based on the same Format are transmitted within twelve months from Acceptance of the Script the BBC will within fourteen days of that event pay the Writer a sum equal to agreement with the Society, the WGGB and the PMA of appropriate terms Advance payment for writersother Scripts pursuant to clause 6 above. 19.3 In respect of Treatments and any other contributions for Long Running Series Where the Writer agrees in return for the payments set out in Schedule One of this Agreement: 19.3.1 to attend script conferences for consultation purposes as and when reasonably required at the appropriate offices and studios of the BBC and at such other place or places as the BBC may decide 19.3.2 to write Treatments and/or other material as specified in the Deal Memo 19.4 The Writer agrees that notwithstanding anything else herein unless otherwise specifically agreed in writing the title, Format, Treatments, characters and any other material contributed to any Long Running Series on which the Writer Script is engaged are (as between the Writer and the BBC) the property of the BBC and hereby irrevocably assigns with full title guarantee the entire copyright and all other proprietary rights in the Script, Format and Treatments and all and any other such material contributed by the Writer under this Agreement to the BBC for the duration of copyright throughout the World. For the avoidance of doubt the acquisition of an original Format created by a writer for a Long Running Series if any character dimensionally created by the Writer is incorporated in the Script the BBC shall be contracted on separate termsentitled to use such character for other programmes in that Long Running Series whether or not the scripts for such programmes are written by the Writer. 19.4 If sub-clause 19.3 applies the BBC will make an ex gratia payment to the Writer the amount of which shall be discussed with the Writer bearing in mind the extent of the use which the BBC envisages making of the character or the Format elements in future episodes provided that if such use goes beyond that envisaged the BBC will make a further ex gratia payment to the Writer the amount of which shall also be discussed with the Writer. 19.5 For the avoidance of doubt and without prejudice to clause 19.4 above the Writer specifically undertakes not to use or authorise the use of such title, Script, Format, Treatments and characters otherwise than for the purposes of this Agreement without the written consent of the BBC. 19.6 Where the BBC has not accepted a Script for a Long Running Series it shall be entitled to make such use as it wishes of can buy out all rights in the storyline of that Script in return for a payment of 50% of the outstanding balance of the Fee and no further payments will be due to the Writer. 19.6 As an exception to the provisions of Clause 6.1 concerning the points at which percentages of the Fee shall be payable to the Writer, the following provisions for payment will apply in the case of the Fee payable to a Writer commissioned to write a Script for the series „Casualty‟ or „Holby City‟, where the Writer is required to provide a scene by scene treatment: (a) 25% of the Fee is payable on commissioning of a scene by scene treatment; (b) 25% of the Fee is payable on commissioning of the Script; (c) 25% of the Fee is payable on Delivery of the first draft, and no further payment is due in respect of a second or third draft; (d) 25% of the Fee is payable on Acceptance. Further, as an exception to the provisions of Clause 19.5, in the event that a fourth or subsequent draft of the Script is required but the Script is not Accepted, payment of the final 25% that would have been due on Acceptance (or any part of it) would be the subject of a negotiation in good faith in order for the script to be taken over by the BBC.