Identify and negotiate copyright issues

URN: SKSP6
Business Sectors (Suites): Production (FILM and TV)
Developed by: ScreenSkills
Approved on: 31 Mar 2019

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:

  1. use
    information from reliable sources to identify the original sources of materials
    within productions which may be subject to copyright

  2. assess
    the use of materials against current copyright regulations 

  3. obtain
    information and advice from specialist sources when materials are subject to
    complex or unusual copyright regulations

  4. agree terms,
    conditions and extent of use of copyright materials with copyright owners or
    license holders

  5. confirm
    that terms, use and cost of copyright materials meet production requirements,
    are within the budget, and are consistent with standard industry rates

  6. verify
    that copyright clearances have been obtained from appropriate people, 

  7. make
    sure that clearances are obtained within production timescales and that payments
    are within budget

  8. confirm
    that accurate records of copyright clearances are kept in line with
    organisational procedures

  9. suggest
    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:

  1. how to identify copyrighted material, as well as the source and ownership of materials

  2. how to access sources of specialist advice on copyright

  3. the different types of copyright and the type of materials they apply to

  4. the rights, territories and clearances required by broadcasters and all parties

  5. what to cover in negotiations with copyright owners and licence holders regarding the conditions of use of copyright materials

  6. how the use of material from and in different countries may affect copyright regulations

  7. accepted rates for copyright fees

  8. Chain of Title, where appropriate for feature films

  9. laws of copyright and intellectual property as they apply to film and TV production

  10. organisational processes for storing copyright clearances

  11. where to access alternative sources of materials​


Scope/range


Scope Performance


Scope Knowledge


Values


Behaviours


Skills


Glossary


Links To Other NOS


External Links


Version Number

2

Indicative Review Date

30 Mar 2022

Validity

Current

Status

Original

Originating Organisation

Screen Skills (formerly Creative Skillset)

Original URN

SKSP5

Relevant Occupations

Arts, Media and Publishing, Production Managers, Production Coordinator

SOC Code

3416

Keywords

Copyright, Legal, Clearances