Q. Why is the rights clearance process different for the Open University?
A. The Open University is unique in being not only a university but also a broadcaster and publisher.
Its rights acquisition and ownership requirements are not restricted to the acquisition of UK transmissions. The Open University must be free to broadcast and otherwise make use of programmes and products in support of its teaching and licensing activities throughout the extended lives of its course materials.
It is therefore necessary for the OU to own copyright in all materials produced on its behalf and be responsible for negotiating, clearing and contracting all third party content identified by the programme maker - both in-house and independent - for use in Open University programmes.
Producers of Open University programmes - both in-house and independent - must make all rights clearances via The Open University's Rights Department.
The Department is happy to assist people at all times with queries relating to rights and exploitation of material and will endeavour to achieve the desired use of material as cheaply and quickly as possible. There will be a Contracts Executive who has overall responsibility for your project and will process your clearances. It is beneficial for you to make early contact with them to discuss your overall needs for your programmes and to agree how you will communicate regarding costings, negotiations, clearances etc, bearing in mind the detailed guidelines below. This will also help you put together your early programme budgets.
Note that programme-makers should never negotiate fees or rates for the use of third party copyright material. In order that the most competitive rates are achieved, this must be left to the staff of the OU Rights Dept.
You will be required to complete and submit various requisition/release fee and Schedule of Residuals forms by e-mail. You can seek advice on their completion from your Contracts Executive.
Templates of all paperwork can be downloaded on this page in both Microsoft Word and Rich Text Format (RTF). Contact details are here.
Rights Guidelines
Footage
Your Contracts Executive will negotiate and clear rights only. It is up to you to acquire any tapes that you may need for research purposes, prior to clearance.
Please get in touch with your Contracts Executive if the rights and tape acquisition cannot be dealt with separately.
When you have identified the third party footage you need either costed and/or cleared you should complete a Requisition Form and e-mail that as an attachment to your Contracts Executive.
The requisition should contain the following information:
- Rights owner (i.e company, contact name (if you have one), address, telephone number, etc)
- Title of footage (programme, film title etc)
- Duration of footage/extract you would like to use
- Rights required (detailed in your OU contract/agreement, however you Contracts Executive will also hold that information)
Do not include any footage extract in your programmes, before you know it can be cleared and at a cost which suits your budget.
BBC Footage/Recordings
The BBC and OU enjoy a reciprocal agreement for use of each other's audio-visual footage and recordings. However:
- You may use no more than 2 minute extracts from BBC footage/recordings.
- The use of extracts must not exceed 25% of the total programme.
- Actors in extracts require payment of Equity extract fees and any other third party content included in extracts must also be cleared in the usual way through your Contracts Executive
Music
It is important that you consider the music content of your product very carefully especially in relation to
- the rights you are expected to acquire and pay for
- the clearability of any rights the OU may need to acquire after the product has been delivered
Please read carefully the section on Commercial Music, in particular.
Specially Commissioned Music
- Your nominated Contracts Executive will do all contracting and it is in your interests to contact him/her as soon as you have identified a need for music to be specially composed and/or performed for inclusion in your programme(s).
- You should already have identified the possible contributor(s)/performer(s) and will have checked that he/she/they can fit into your production timetable, including any rehearsals if required.
- Please do not mention fees to any contributor. Your Contracts Executive will do all the negotiating including compliance with Musicians Union rates as applicable to the type of work being carried out and will advise you of costs before contracting is completed and agreed.
Note: Union agreement rates you may need to be aware of are: Musicians Union (MU) and Equity
Library/Mood Music
It is advisable to use library/mood music at all times, unless you have identified a use where specially commissioned or commercial music is the only option (please see note on use of commercial music).
This is because The Open University, when marketing and selling all its products, needs to ensure that the music can be cleared. This is not always the case with commercial music.
However care should also be exercised when deciding the duration and frequency of library music stings used throughout the programme(s) as costs can soon spiral to an unacceptable level. This is because library music is mostly charged on a 30 second sting rate. For example if you use a one second sting - you are charged for 30 and if you use 31 seconds you are charged for 60.
Commercial Music
Note: Commercial music must not be included in any programmes for The Open University without first talking to your Contracts Executive or Rights Adviser.
Commercial music may be permitted only:
- if it has been identified as 'essential' to the product in a pedagogic way,
- or is best to convey the subject matter of the programme
- AND such use has been authorised and approved by your your Contracts Executive on the basis that the music is included within the BBC Blanket Agreement pertaining to music, and/or is clearable for sales.
Please Note: Even if the commercial music you want to use is included under the BBC Blanket Agreement, it may still not be clearable for any sales through OU Worldwide and should therefore not be used.
People/Actors/Presenters etc
- For Open University fully-funded productions only, contributors will be paid by the OU who will then invoice the BBC for the costs once production is complete.
- The Rights Department will negotiate fees with contributors who are not subject to any talent union agreements with the OU.
- The Producer should not negotiate nor agree any fees with any proposed contributors, although you should consult with your Contracts Executive before booking a contributor to ensure you are both in agreement and are kept fully aware of fees etc.
- Producers should not issue their own contracts to any contributors (other than blood chits, under advice from your Contracts Executive): the OU Rights Department has its own contracts which ensure a fair and broad use of contributions in an educational context.
- The Rights Department will issue All Rights contracts whenever possible.
Actors
If your programme requires actors, it is essential that you get in touch with your Contracts Executive as soon as possible.
The Open University is subject to an agreement with Equity and therefore adheres to the agreed rates for employing actors. The rates vary according to the type of work and duration required, whether or not the production needs clearance for broadcast, and the number of transmissions required.
There are also agreed rates for other forms of exploitation and dependent upon the rights specification agreed in the commissioning contract, this can have quite a significant effect on your production budget.
Presenters/Interviewees/Major Contributors
Your Contracts Executive will negotiate the fee with your identified presenter or agent and ensure fees are kept as fair as possible. These types of contributions should not be contracted by the producer on blood chits.
Use of Blood Chits (Contributor Release Forms)
Blood Chits should only be used for fairly insubstantial contributions such as vox pops. Please seek advice from your Contracts Executive if you are in any way unsure of what the OU deems acceptable.
Other Third Party Content
Please submit a Requisition Form to your Contracts Executive for clearance of third party content such as stills, graphics, prose etc. Fees vary according to sources. Your Contracts Executive will be able to advise you.
Page last updated 28 April 2009
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