Identify and negotiate copyright issues
Overview
This
Standard involves ensuring that copyright issues relating to all relevant materials
are identified and concluded before production commences.
It
is about ensuring that systems are in place so that copyright issues relating
to archive, intellectual property and music are monitored throughout the production
process.
This Standard is for those involved in identifying and
negotiating copyright issues including Production Managers and legal teams.
Performance criteria
You must be able to:
use
information from reliable sources to identify the original sources of materials
within productions which may be subject to copyrightassess
the use of materials against current copyright regulationsobtain
information and advice from specialist sources when materials are subject to
complex or unusual copyright regulationsagree terms,
conditions and extent of use of copyright materials with copyright owners or
license holdersconfirm
that terms, use and cost of copyright materials meet production requirements,
are within the budget, and are consistent with standard industry ratesverify
that copyright clearances have been obtained from appropriate people,make
sure that clearances are obtained within production timescales and that payments
are within budgetconfirm
that accurate records of copyright clearances are kept in line with
organisational proceduressuggest
alternative clearable and less expensive materials when it is not possible to
obtain copyright clearance for originals
Knowledge and Understanding
You need to know and understand:
how to identify copyrighted material, as well as the source and ownership of materials
how to access sources of specialist advice on copyright
the different types of copyright and the type of materials they apply to
the rights, territories and clearances required by broadcasters and all parties
what to cover in negotiations with copyright owners and licence holders regarding the conditions of use of copyright materials
how the use of material from and in different countries may affect copyright regulations
accepted rates for copyright fees
Chain of Title, where appropriate for feature films
laws of copyright and intellectual property as they apply to film and TV production
organisational processes for storing copyright clearances
where to access alternative sources of materials