Date:

Address:

CONTRIBUTOR(S):
TYPE OF WORK:
INITIAL FEE:
SERVICE:

GENERAL PERMISSION TO USE PHOTOGRAPHIC WORKS 
FOR TELEVISION AND WEBSITE USE

FORM: Tel Pic (GP)4

INTRODUCTORY

This Agreement is made between the photographic agency specified above as the Contributor of the one part (“the Contributor”) and THE BRITISH BROADCASTING CORPORATION whose principal place of business is at Broadcasting House, Portland Place, London W1A 1AA (“the BBC”) of the other part (and the expression “the BBC” shall where the context admits include any subsidiary or associated company of the BBC or the subsidiary of either, any assignee or licensee of any of the foregoing, and any other person, firm or company deriving title through or under any of the foregoing)

Contents

1.	Definitions	2.10	Commercial Sales Buyout	
2.	Rights and Payments	3.	Contributor’s Warranties and Indemnity 	
2.1.	Public Service Uses	4.	BBC’s Indemnity	
2.2.	Public Service Television Repeat Uses	5.	Miscellaneous	
2.3	Public Service Website Uses	6.	Previous Agreements	
2.4.	Standard Television Sales	7.	Independent Productions 	
2.5.	Non-Theatric Sales	8.	VAT 	
2.6.	Non-Standard Television Sales	9.	Enforceability 	
2.7.	Website Syndication 	10.	Governing Law 	
2.8.	Videogram Exploitation	11.	Headings 	
2.9	Multimedia Exploitation			

AGREEMENT

WHEREAS the BBC wishes to acquire from the Contributor and the Contributor has agreed to grant to the BBC certain rights in the photographic works held in the collection or collections kept by the Contributor.

NOW IT IS HEREBY AGREED AS FOLLOWS:‑

1	DEFINITIONS

	In this agreement unless the context otherwise requires the following expressions shall have the following meanings and expressions defined in the Copyright, Designs and Patents Act 1988 (or as amended) shall have the same meanings as in that Act:

1.1	"the Initial Fee" means the sum specified above as the Initial Fee. 

1.2.	"RPI" means the average of the most recently available figures published in the United Kingdom's Retail Price Index for the preceding 12 months.

1.3.	"the CIF" means the Current Initial Fee being: 

1.3.1	the Initial Fee during the calendar year or part thereof (ending 31st December) in which this Agreement is signed and 

1.3.2	the Initial Fee increased by RPI on the first working day of the next two calendar years (each such increase to hold for the calendar year in question) and 

1.3.3	a fee to be negotiated in good faith between the parties thereafter provided that if the parties negotiate but fail to agree a CIF this Agreement shall continue and the CIF shall be increased by RPI annually on the first day of each calendar year but shall be replaced by the new CIF as soon as it is agreed.

1.4	"Letter of Request" means the BBC's written notification that the BBC wishes to use a photograph which the BBC has in its possession. A copy of such written notification is attached as the Schedule to this Agreement.

1.5.	"the Work" means any one or more photographic works in the collection held by the Contributor. 

1.6.	"a Programme" means any television programme existing at the date of this Agreement or to be made in the future (as the context requires) in which the Work is or has in the past been incorporated (other than those produced by the BBC's News and Current Affairs and Sports departments and programmes produced for the Open University).

1.7	“Website Use” means the inclusion and display of a photographic work pursuant to this Agreement in the BBC’s Public Service websites available on the internet, the Worldwide Web or any other similar telecommunications system by which material is transmitted for presentation to members of the public as an original editorial use whether on a home page and/or a supplementary page and not for publicity and promotional purposes (as set out in clause 2.11.2) ancillary to use in a Programme.

1.8.	"the First Broadcast" means the first television broadcast (or alternatively in the case of programmes produced by the Education Directorate two broadcasts if given within 12 days of each other) by the BBC of a Programme.

1.9.	"the Recording" means any recordings of a Programme made by means of film, videotape or any other visual or audiovisual medium now or hereafter devised, and provided that such Recording may in the case of the rights granted under Clause 2.8. and 2.9. below constitute a recording of the Programme or parts thereof as modified for the exercise of such rights.

1.10	“Standard Television” means television broadcast whether by analogue or digital means for reception without charge (ignoring for this purpose any sums payable for a licence of a kind required by law for the installation and/or use of equipment for the reception of broadcast programmes) by means of conventional home roof-top or television set built-in or attached antennae other than (for avoidance of doubt) the public service uses set out in Clause 2.1 to 2.2 below.

1.11	“Non-Standard Television” means transmission by all forms of television (including without limitation by satellite or terrestrial broadcast and/or inclusion in a cable programme service and whether by digital or analogue means and whether on a pay per view, subscription, pay or basic cable, direct to home broadcast by satellite or any other basis) whether now or hereafter devised other than by Standard Television, the Public Service uses set out in clause 2.1 to 2.2 below or by exercise of the Non-Theatric Rights

1.12.	“Trapped Audience Rights” means the right to exploit Recordings by all forms of delivery and in all formats to closed circuit television systems for viewing by audiences in premises such as hotels, hospitals, educational institutions, military locations, apartment houses, condominiums, public houses, clubs and discotheques or in the transportation industry and the term “trapped audience” shall be interpreted accordingly.

1.13.	“Non-Theatric Rights” means Trapped Audience Rights as defined in this Agreement and also the right to sell or hire the Recordings by all forms of delivery and in all formats for viewing by audiences in all institutions, organizations, clubs or societies of a business, educational, cultural, religious, charitable or social nature and other like entities except for places to which the general public is invited and admitted upon the payment of an admission fee charged primarily for such viewing (e.g. commercial cinema theatres) and the term “Non-Theatric” shall be interpreted accordingly.

1.14.	“Videogram” means a Recording in videogram format which shall include videocassettes, digital versatile discs (DVDs) or other physical carriers now or hereafter known intended for reproducing visual images and synchronised sounds provided that the functionality of such discs or carriers substantially overlaps that of conventional videograms and which may be played by the use of a playback device and is primarily intended for home use

1.15.	“Discs” means any physical carrier supplied to purchasers and/or licensees for insertion in a playback device and incorporating (in the form of machine code) a recording constituting the source of the Programme licensed for interactive and/or linear use by the viewer and provided that such carrier may be a CD-ROM or DVD-ROM or any other physical carrier (including any video disc, laser disc and discs for use with a CD-I platform) which may include any variation, revision, update or enhancement or a carrier which is not yet devised, developed or distributed and provided further that such playback device may make use of any system including without limitation one which is analogue, digital, optical, mechanical, electrical, electronic or a combination thereof and including any such system now or hereafter devised, developed or distributed Provided that a Disc shall not include a Games Console or Videograms as each term is defined herein. 

1.16.	“Games Console” means a dedicated proprietary platform which operates a software program (and which may or may not be for use with a separate controller and/or a visual display such as a computer monitor or television receiver) examples of which include without limitation the Sony PlayStation, Sega Saturn, Sega MegaCD, Sega MegaDrive, Nintendo 64 and Nintendo GameBoy) Provided that a Games Console shall not include a Disc as defined above.

1.17.	“Subscription Services” means any BBC service made available upon payment by the subscriber for that service at a BBC site on the Internet, the Worldwide Web, any intranet, proprietary closed network environment, on-line service or other telecommunications system (including by computer or cable programme service) and/or made available wholly or partly by means of wireless telegraphy (including but not limited to by means of television receiver or set-top box) and such service may include without limitation single-user and multi-user interactive games, role-playing adventure environments and multi-user domains but does not include video on demand or pay per view services.

1.18.	“Public Service” means any BBC service which is primarily funded by the Licence Revenue (as defined in the BBC’s Royal Charter) or in the case of BBC World Service from moneys paid to the BBC out of aids appropriated by the United Kingdom Parliament and/or in either case is provided as a public service.

2.	RIGHTS AND PAYMENTS

In consideration of the BBC hereby undertaking to pay the fees specified in this Agreement the Contributor hereby grants to the BBC the following non exclusive rights (to the extent that such use is not permitted by law or the terms of this Agreement) and for the avoidance of doubt the rights granted and payments to be made for the uses specified in Clause 2.2, Clause 2.3 and Clauses 2.4 to 2.9 are each additional to any use payment made under Clause 2.1 and (in the BBC’s discretion) may be selected separately or in combination:-

2.1.	Public Service Television Uses

The right to incorporate the Work: 

2.1.1.	in a Programme together with the right to give the First Broadcast within a period of three years of the date of the BBC's Letter of Request, of a Programme simultaneously or non simultaneously live and/or recorded in the BBC’s services (or any part of them) in BBC 1 (including BBC Wales) or in BBC 2 or in the case of Welsh Language programmes for the Fourth Channel in Wales in that service (or any part of it) subject to payment on First Broadcast of 100% of the CIF; 

2.1.2.	in a Programme together with the right to transmit the Programme containing the Work in any BBC Public Service for television other than BBC 1 or BBC 2 provided that the First Broadcast is given within a period of three years of the date of the BBC’s Letter of Request subject to payment on First Broadcast of a once only payment for any such use of 100% of the CIF;

2.1.3.	for all the Public Service uses set out in sub-clauses 2.1.1. to 2.1.2. above and those set out in Clause 2.2. below subject to payment on first such use of a once only payment for any such use of 250% of the CIF.

2.2.	Public Service Television Repeat Uses

Unless the BBC has been notified within 30 days of the date of the Letter of Request or the signing hereof (whichever is earlier) that the Work or any one of the photographs included in the Work are of a particular value and should be subject to a restricted repeat period or unless the Public Service buyout payment in Clause 2.1.3 above has been made;

2.2.1.	the right to give repeat television broadcasts of a Programme simultaneously or non‑simultaneously in the BBC’s services (or any part of them) in BBC 1 (including BBC Wales) or in BBC 2 or in the case of Welsh Language programmes for the Fourth Channel in Wales in that service (or any part of it) from the appropriate transmitters for that service as the case may be subject to an additional payment of: 

2.2.1.1	100% of the CIF for the first such repeat of a Programme of which First Broadcast took place on any BBC Public Service for television other than BBC1 or BBC 2 and 50% thereafter

2.2.1.2	50% of the CIF for a Programme of which First Broadcast took place on BBC 1 or BBC 2 

for each such repeat broadcast or in the case of Programmes produced by the BBC's Education Directorate for each two repeat broadcasts if given within 12 days of each other and provided that the repeat fee payable for Programmes produced by the Education Directorate shall be reduced to 15% of the CIF (instead of 50% or 100%) if the repeat is transmitted during the night for the purpose of enabling viewers to record the programme “off-air” for viewing at a more convenient time;

2.2.2	for a Programme of which the First Broadcast was on BBC 1 or BBC 2 the right to make repeat transmissions in the BBC’s Public Services for television other than BBC 1 or BBC 2 subject to payment on the first such repeat transmission of a once only payment for any such use of 100% of the CIF.

2.3.	Public Service Website Uses

The right to make Website Use of the Work provided that such first use shall be within a period of twelve months of the date of the BBC’s letter of Request subject to payment on first Website Use of the appropriate once only payment for each such use within a single editorial context as follows;

2.3.1	for Website Use where the Work is also incorporated in an associated Programme:
		
		2.3.1.1	75% of the CIF for use on a supplementary page only

		2.3.1.2	100% of the CIF for use on a home page and also including use on a 	supplementary page in a single editorial context

2.3.2	for Website Use where there is no associated Programme: 

		2.3.2.1	150% of the CIF for use on a supplementary page only

		2.3.2.2	200% of the CIF for use on a home page and also including use on a 	supplementary page in a single editorial context

and provided that for the avoidance of doubt this sub-clause shall not permit the streaming of an entire television programme containing the Work so that it may be viewed from the website

2.4.	Standard Television Sales

The right to sell the Recordings for showing on Standard Television in all forms now known or hereafter devised throughout the world in perpetuity without restriction as to the number of showings or the length of any licence period granted to a purchaser subject to payment of an additional amount equal to 250% of the CIF in respect of the first sale only payable on completion of such a sale. 

2.5.	Non-Theatric Sales

	The right to permit the Recordings to be exploited by way of exercise of Non- Theatric Rights throughout the world without restriction as to the number of showings subject to a single additional payment on the first showing of 100% of the CIF

2.6.	Non-Standard Television Sales

The right to transmit or to license the transmission of the Recordings throughout the world by Non‑Standard Television without restriction as to the number of transmissions subject to an additional payment on completion of the first sale of the Recordings of 125% of the CIF provided that the parties agree that this percentage shall be reviewed at the same time as the CIF as in 1.3.3. above but shall continue as provided in this clause until a new percentage is agreed.

2.7.	Website Syndication 

The right to authorise licensees of Standard Television and Non-Standard Television and Non Theatric Rights in Programmes and of websites syndicated to licensees based on the BBC’s websites to include and display the Work in their own websites available on the Internet, the Worldwide Web or any other similar telecommunication system by which material is transmitted for presentation to members of the public subject to payment on first such authorisation of an additional once only payment for any such use of 50% of the CIF provided that such right of authorisation shall be limited to use of the Work for promotional and/or publicity purposes associated with a sub-licence of the Standard Television, Non-Standard Television or Non Theatric rights or to where the BBC sub-licenses a Website Use whereupon both the use made of the Work and of the sub-licensed BBC website shall be unaltered (save in the latter case for changes necessary to identify the website with the sub-licensee in place of the BBC).

2.8.	Videogram Exploitation

The right to make and authorise others to make Recordings and to sell, offer for sale, distribution and hire Recordings in the form of Videograms and authorise others to do the same subject to an additional payment of 100% of the CIF payable on first distribution of the said Videograms in the UK and an additional payment of 100% of the CIF payable on first distribution of the said Videograms in any part of the world other than the UK provided that the parties agree that these percentages shall be reviewed at the same time as the CIF as in 1.3.3. above but shall continue as provided in this clause until new percentages are agreed.

2.9.	Multimedia Exploitation

The right throughout the world to make and authorise others to make the Recording and to sell, offer for sale, distribution and hire the Recording and authorise others to do the same in the form of 

2.9.1.	Discs; and/or
2.9.2.	Games Consoles; and/or
2.9.3.	Subscription Services

	subject for each of 2.9.1., 2.9.2. and 2.9.3. above to a single once and for all payment of an additional amount equal to 20% of the CIF payable upon first distribution or provision of a service in exercise of the right (and for the avoidance of doubt 60% of the CIF is payable if all the rights under 2.9.1., 2.9.2. and 2.9.3. are exercised) but provided that in respect of Subscription Services the BBC acknowledges that such single payment is a start-up rate to reflect a new market applying up to a level of 100,000 subscribers and the parties shall further agree what rate shall be applicable above such a subscription level.

2.10.	Commercial Sales Buyout

The right throughout the world to distribute, sell or otherwise exploit the Recordings by the means specified in Clauses 2.4 to 2.9 inclusive subject to payment of 725% of the CIF.

2.11.	The right without further payment to make and use or so to authorise such making and use of Recordings (by means of film, videotape or any other visual medium now or hereafter devised) of the Programme for:‑

2.11.1.	the private purposes of the BBC (including staff training) or the purposes covered by this Agreement

2.11.2.	broadcasting or including in a cable programme service brief excerpts therefrom in trailer programmes or programmes of an historic or reminiscent nature (for the avoidance of doubt including such programmes in relation to the BBC itself and not programmes whose primary editorial function is the entertainment value of the content) or in all media for publicity and/or promotional purposes 

2.11.3.	deposit with the National Film Archive (being part of the British Film Institute) and with similar archive‑holding bodies, if the Recording is considered of permanent interest, for preservation purposes and for private study on the premises by bona fide students

2.11.4.	showing at television and film festivals

2.11.5.	the simultaneous and unaltered re-transmission by way of cable, satellite and foreign terrestrial broadcasting without limit of time of any BBC broadcast of the Work.

3.	CONTRIBUTORS WARRANTIES AND INDEMNITY

3.1.	The Contributor warrants as follows:‑

3.1.1.	it is entitled and will continue to be entitled so long as this Agreement remains in force to grant to the BBC the rights granted in Clause 2, and

3.1.2.	the grant of rights to the BBC does not now and will not at any time so long as this Agreement remains in force conflict with rights granted to or belonging to or to be granted to or hereafter belonging to any other party, and

3.1.3.	it is not entitled to and will neither seek nor accept payment from any collective administration or licensing body in the United Kingdom or anywhere else in the world in respect of the exercise by the BBC of any of the rights granted to the BBC hereunder unless specifically authorised so to do by the BBC and in the event the BBC authorises the Contributor then it will only seek or accept such payment in the capacity of agent and will account to the BBC as its principal within 30 days of its receipt.

3.2.	The Contributor will indemnify and keep the BBC indemnified against any actions, proceedings, claims, costs, damages and reasonable legal expenses incurred or given against the BBC or agreed on the advice of Counsel by reason of breach of warranty by the Contributor. The BBC will consult with the Contributor prior to settling any claim against the BBC by a third party which would attract an indemnity under this sub-clause.

3.3.	If the Contributor gives notice to the BBC in writing such notice to be given to the BBC within 30 days of the date of the Letter of Request that it is only able to offer access to the Work but does not control the rights or all of the rights referred to in Clause 2. in the original photographic work then the warranty in 3.1.1. shall not apply and it is agreed that in such "access only" or “limited rights” cases the Contributor gives no or a correspondingly limited warranty in respect of the original photographic works comprising the Work and will use its best endeavors to assist the BBC in ascertaining the identity of the person or persons who own the copyright or the remaining rights in such original photographic work, but the Contributor does warrant that it is entitled to grant the rights referred to in Clause 2. above in respect of such copyright as the Contributor owns (if any) and that the grant of rights in Clause 2. does not conflict with any rights granted by the Contributor to any third party or to the best of the Contributor's knowledge and belief with those rights belonging to any third party.

3.4.	The Contributor warrants that the payments specified in return for the rights granted to the BBC in this Agreement are a full and equitable consideration for such grant.

4.	BBC’S INDEMNITY

The BBC agrees to indemnify, defend, and hold the Contributor and its agents harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses and damages arising from any claim against the Contributor or its agents due to the context in which the Work is used by BBC. The BBC further agrees that the BBC will not make any Work available as a file capable of being downloaded from a public site on the Internet.

5.		MISCELLANEOUS

5.1.	The BBC and the Contributor agree that the terms and conditions governing the physical supply of the Work shall be dealt with separately from this Agreement 

5.2.	The BBC and the Contributor agree that, notwithstanding anything to the contrary (whether oral or written) contained in any other documentation relating to the supply, reproduction or payment for the Work including (without limitation) the Contributor's delivery notes or invoices, this Agreement contains the entire understanding of the parties in relation to the reproduction of the Work itself including the warranties and indemnities relating to the use of the Work (whether given by the BBC or the Contributor), the fees payable for reproduction, payment obligations, credits and the manner in which the Work will be used.

6.	PREVIOUS AGREEMENTS

For the avoidance of doubt the parties agree that the terms of this Agreement shall apply to the broadcast or exploitation of any Work in any Programme whether or not the Work was incorporated into such Programme by virtue of this Agreement and provided that where a Work was incorporated in a Programme under a prior agreement to the extent that all or any of the Rights referred to in Clause 2. have not previously been acquired this Agreement shall supersede any pre‑existing contractual terms between the BBC and the Contributor 

7.	INDEPENDENT PRODUCTIONS

The parties agree that this Agreement covers the use of the Work in independent productions commissioned by the BBC provided that this Clause shall not take effect unless and until the BBC gives notice in writing to the Contributor which notice will give details of the way in which the administrative aspects of such an arrangement will operate.

8.	VAT

All payments referred to in this Agreement are exclusive of Value Added Tax. The BBC agrees to pay Value Added Tax properly payable with respect to such payments on receipt by its Shared Service Centre of the contributor’s certificate of VAT registration, form of written authority for payment and appropriate invoice all as prescribed by HM Customs of Excise. 

9.	ENFORCEABILITY

The unenforceability of any single provision in this Agreement shall not affect any other provision herein.

10.	HEADINGS

The headings of the Clause of this Agreement are provided for reference only and shall not limit or affect the meaning or interpretation of the said Clauses.

11.	GOVERNING LAW

This Agreement shall be governed by English Law and the parties hereto agree to submit to the exclusive jurisdiction of the English Courts.

Signed by or on behalf of 
the BBC:				...............................................

Date:					...............................................

Signed by or on behalf of
the Contributor:			...............................................

Date:					...............................................

SCHEDULE 

GENERAL PERMISSION TO USE 
PHOTOGRAPHIC WORKS FOR TELEVISION AND ONLINE USE

LETTER OF REQUEST
(see Clause 1.4)

Contract Ref:
Direct Line:
Fax:

[Contributor’s Address]

Dear

Contributor(s):
Title of Work:
Type of Work:
Service:
Title of Series:
Title of Programme:
Title of Website:
Project No(s):
Initial Fee:
Type of Contract

Letter of Request

I am writing to inform you that we should like to feature photographs from your collection in a BBC TV production or BBC Website as outlined above.

In accordance with our Tel Pic GP4 agreement we shall pay the appropriate fees when the First Broadcast or Website Use takes place, and any residual payments at the times required by the agreement.

The BBC must be notified immediately of any limitation to the warranty (granted by you) under clause 3 of the agreement.

Please do not send an invoice.

Yours sincerely,

Rights Executive, Photo Unit
BBC Talent Rights Group.