Presentations from the final seminar in our digital training programme for the arts sector, developed in partnership with BBC Academy.
Includes:
- Ben Green, BBC: "Finding the right approach: working your way through the Rights mazeโฆ"
Case studies: Contracts and collaboration
- Roxanne Peters, Project Manager and Vicky Panter, Documentation Manager, V&A - V&A online collections
- Jo Higgins, Young Peopleโs Web Content Manager, South London Gallery - RE:creative
Case studies: Innovative approaches to rights clearances
- Carolyn Royston, Head of Digital Media, Imperial War Museums - "Digital collections and cultural change"
- Charlie Gauvain, Managing Director, Eye Film and Television- John Peel archive
2. Welcome
Edward Morgan,
Executive Producer, BBC
Network name GUEST_NETWORK
3. Introduction
Anthony Lilley
Chief Creative Officer and CEO
of Magic Lantern
Network name GUEST_NETWORK
4. Rights maze
Ben Green, Head of Rights
Business Development,
Talent & Rights Negotiation
Group, BBC
Network name GUEST_NETWORK
5.
6. Ben Green
Head of Rights Business Development
Talent & Rights Negotiation Group
BBC
9th July 2012
7. Finding the right approach:
working your way through
the Rights mazeโฆ
Original photograph by Computer Guy. Used under CC BY 2.0
8. BBC Rights and Business Affairs:
What We Do
Part of BBC Vision, but undertakes Rights and Business
Affairs management across the BBC as a whole
(including Radio & Online), including:
- negotiating agreements for BBC in-house productions;
- commissioning independent productions;
- rights for sports and news programmes;
- rights to use feature films and other acquired
programmes/ series
9. Background โ A reminder
โข Rights are at the heart of everything we do:
Creator (ยฃ2.2bn), Buyer (ยฃ0.7bn) & Seller (ยฃ1bn)
โข Changing audience needs; transformative technology;
public service/commercial; intense competition; VFM:
continuous improvement
โข Challenges โ regulatory; fragmentation;
own/store/use/share; increased rights awareness
โข Opportunities - ยฃ1bn contribution to UK creative
economy; global brand; great showcase; multi-media;
quality
10. Some figuresโฆ.
Artists, contributors and copyright
300,000 contributor contracts issued each
year
600,000 contributor payments made each
year
200,000+ items of music use reported each
week
200+ staff approximately in Rights and
Business Affairs
11. Innovation poses challenges in terms of
copyright and rights clearances for the BBC
New technologies such as the iPlayer have entailed disproportionate
complexity in clearing material
โ 8 years to negotiate rights agreements before the BBC
iPlayer could be launched
โ 70 new agreements were reached
โ Still issues in some areasโฆ
13. What is copyright?
โข Legal protection given to the creator or author of original
literary, dramatic, musical or artistic work โ or โother worksโ
(sound, film, broadcasts, typo arrangements)
โข Control over when (and how) copies are made
โข Granted automatically when a work is first created
โข Copyright works have to be substantial โ โa work of the browโ
โข โIdeasโ arenโt protected โ must be in a material form
โข โMoral Rightsโ โ paternity, integrity & privacy
14. What is copyright?
โข Copyrights arenโt trademarks
โข Different copyrights have different durations โ
usually 70 years from the death of the author/
creator, or 50 years from first publication or release
โข Assignments & Licences
โข Exceptions?
โข Just because itโs online, doesnโt mean itโs free to re-
useโฆ
15. What sort of copyright?
Literary: Musical: Performers:
scripts mechanical actors
extracts composition singers
books grand rights musicians
stuntmen
poetry
speeches
Artistic:
articles
photographs Other:
artworks databases
Footage:
transparencies direction
film plans choreography
stock
recipes
sports
17. Contributor rights are acquired and
cleared under:
- collective agreements
- collective licences, and
- agreed standard terms where possible
18. Contracting models โ
All Rights acquired
โข Comprehensive rights contracts under contracts of employment or
other terms which grant all rights, so that the BBC can use the
programme contribution without any further consent or the
requirement to make an additional payment e.g.
โ Members of the BBC Orchestras
โ Employees e.g. journalists, script editors
โ TV and Radio presenters
โ โTalksโ contributors (Radio or TV quiz programmes)
19. Contracting models โ
Collective Agreements
โข Collective agreements which determine the rights granted and payment
terms under individual contracts e.g.
โ Actors
โ Scriptwriters
โ Freelance musicians
โข Agreements between the BBC and, for example, Equity (for actors) set out
minimum payments for the initial contribution and when certain further uses
of the programme will result in further payment
โข These agreements help producers and broadcasters when the trade union
is mandated to agree that new terms (e.g for on-demand uses) apply
retrospectively to contracts made under previous versions of the
agreement
20. Contracting models โ
Collective Licensing
โข Collective licences specifying the rights granted or grant all rights covered
by a blanket payment e.g.
โ MCPS-PRS (musical works)
โ PPL (sound recordings)
โ Directors UK (freelance directors)
โข Widely used for the licensing of music rights but also in other areas e.g
freelance directors and for some uses of actorsโ performances
โข A grant of rights is specified in relation to a defined repertoire usually for a
lump sum payment supported by reporting from the licensee so that payments
can be distributed
21. Contracting models โ
standard terms agreements
โข Standard contract terms which grant certain rights initially and provide for other
rights of usage to be paid for subsequently e.g.
โ Artistic works
โ Photographs
โ Published material
โ Film sequences
โข The standardisation of terms avoids the need for individual negotiations in
relation for example to the use by the BBC of hundreds of photographs which
are incorporated into TV programmes every year
โข These arrangements improve efficiency but require intensive ongoing rights
administration
23. Rights Checklist
โข Programme Rights
- who owns the programme itself?
- current commercial exploitation?
- distribution rights still under licence?
- any acquired third-party film within the
programme/clip?
24. Rights Checklist
โข Contributor Rights
- can involve many different rights owners / contributions
(performers, writers/ authors, stills/ artworks, presenters, etc)
- older material = increased risk (older records incomplete, canโt
trace owners)
- donโt assume going to be difficult - some rights already
acquired (or just need to pay)
- seek advice from respected organisations โ avoid setting
unhelpful precedents
25. Basic questionsโฆ
Start with basic questions:
โข What archive material / copyright
work is required?
โข What use is to be made of it?
โข Where will it be accessed?
โข Free or Pay?
26. โฆbut quickly move ontoโฆ
โข Live โbroadcastโ or โmaking availableโ
โข Streamed or downloadable?
โข If downloadable, is it protected (DRM)?
โข Temporary or permanent?
โข Public service โfreeโ, or commercial?
โข If commercial, what type of exploitation?
โข Closed environment, or open?
โข If open, UK only or global?
โข Is user going to be able to manipulate or
re-use content?
27. COMPLEXITY!
Original photograph by Smabs Sputzer. Used under CC BY 2.0 Generic
32. Areas to avoidโฆ
โข Sport
โข Historical docs
(because of stills/
acquired film issues)
โข Acquired programming
(not BBCโs)
โข Royal Events
33. Crediting appropriately
โข Copyright holders have, unless waived, a
โmoral rightโ to be identified as author of the
work in law
โข YouTube or Twitter arenโt authors. The people
who make the footage/stills/text and post them
on these services are
โข Creative Commons (CC) Licences often only
require accreditation
โข Credit the right people!
34. Common clearance issues
โข Donโt run out of time โ you can deliver great
projects & products when adequate contracting and
clearance time built into planningโฆ
โข Always best to agree the uses and stick to them (or
a clear, phased approach) โ โscope-creepโ may be
costly/time consuming (if need to re-negotiate
rights)
โข Budget appropriately for rights payments(incl.
underwriting risk/โAwait Claimโ fund), AND the
clearance resource
โข Find a rights expertโฆ
35. Common clearance issues
โข Prioritise the material and have โback-upsโ
โข If material un-clearable/ too costly (e.g. acquired
film) then editing costs need to be factored in
โข Important to have clear management of the project
โ who makes final editorial selection?
โข If you are serving programme material including
music, you will require your own music
performance licence(s) โ PRS/ PPL
36. Q and A
Chaired by Anthony Lilley
Network name GUEST_NETWORK
37. Case studies: Contracts and collaboration
V&A online collections
Roxanne Peters, Project Manager,
Rights Management Review
Vicky Panter, Documentation Manager, V&A
Network name GUEST_NETWORK
38. Mission Possible
โTo be the worldโs
leading museum of art
and design; enriching
peopleโs lives by
promoting
knowledge, understan
ding and enjoyment of
the designed world.โ
ยฉVictoria and Albert Museum, London
39. Collections at the V&A
๏ง 2,233,293 items
๏ง 1,179,407 museum objects
and works of art
๏ง The website is at the
heart of the V&Aโs public
portfolio
ยฉVictoria and Albert Museum, London
40. Striking the balance
๏ง V&A as a rights owner and
rights user
๏ง Maximise revenue and
optimise free access
ยฉVictoria and Albert Museum, London
41. Collections online at the V&A
1999 โ 2002
โImages Onlineโ
1,500 objects and images
2003 โ 2009
โAccess to Imagesโ
56,235 objects and images
ยฉVictoria and Albert Museum, London
42. V&Aโs Award-winning Search the Collections
2009 โ present
โSearch the Collectionsโ
collections.vam.ac.uk
ยฉVictoria and Albert Museum, London
43. V&Aโs Award-winning Search the Collections
1.1 million objects
274,000 images
collections.vam.ac.uk
ยฉVictoria and Albert Museum, London
44. Search the Collections and Rights Clearance
Point of entryโฆ.
ยฉVictoria and Albert Museum, London
โฆ point of use
45. V&A Licensing model โ Access and Re-use
๏ง Search the Collections
๏ง Image Licensing, V&A
Enterprises Ltd
๏ง New licensing models
ยฉVictoria and Albert Museum, London
46. Getting it Right
๏ง Optimum access to global audiences
๏ง Pursue best practice of rights management
ยฉVictoria and Albert Museum, London
47. Case studies: Contracts and collaboration
REcreative
Jo Higgins, Young Peopleโs Web Content Manager,
South London Gallery
Network name GUEST_NETWORK
50. 1) Terms & Conditions โ a user agreement for community members
2) When creating content for REcreative
50
51. โRespecting someone elseโs
intellectual property rights
then, means not using or
copying their work without their
permission and if they are happy for
you to use their work, making sure
you say that it is theirs and not
yours.โ
Declaring your work as your own; crediting the work of others
What is intellectual property?
SLGโs commitment to Intellectual Property
What you can and cannot do with the content you find on REcreative
http://www.recreativeuk.com/terms-and-conditions
51
56. Case studies: Innovative approaches to
rights clearances
Digital collections and cultural
change
Carolyn Royston, Head of Digital Media,
Imperial War Museums
Network name GUEST_NETWORK
57. About me
โข Head of Digital Media
โข Department just 3 years old
โข Responsible for all public facing digital outputs:
โ Website
โ In-gallery multimedia
โ Mobile
โ Social media
โ Strategic digital partnerships with 3rd parties
โข Iโm not an expert on digital rights and not responsible for this area in the
museum โ I am a key stakeholder!
58. What I will cover
โข How IP and copyright has become a driver for change
โข The journey we have taken with IP and copyright over the past
3 years and how the Digital Media dept has contributed to that
โข Believe the approach to change is applicable to small or large
organisations
59.
60.
61.
62.
63.
64. IWM Collection
โข Oldest film archive in the UK
โข Second largest sound archive after the BBC
โข Over 11 million photographs
โข Second largest contemporary art collection in the UK
after Tate
โข Millions of documents, diaries, papers
โข Over 140,000 large objects
65. IWM in 2009
โข No Digital Media department
โข Old website and collections online no longer fit for
purpose
โข Little social media presence or relationships with 3rd
parties
โข Very complex IP and copyright issues
โข Extremely risk-adverse in approach to collections
โข Lack of co-ordinated approach or strategy to managing
digital rights across the organisation
66.
67.
68.
69.
70.
71.
72. So what enabled a change to happen?
โข Began to develop requirements for a new website and
collections search in 2010
โข Carried out museum-wide workshops to engage staff
with new website
โข Published a digital strategy with the aspiration of opening
up our collections and encouraging active participation
with our audiences
โข A copyright group was formed consisting of key
stakeholders
โข Formalised processes and approach to IP and copyright
73. Public
Programm
Digital Assets e
managed by
Collections
Management
Dept
Commerci
al
87. How did we make it happen?
โข Used projects to open up discussion and thinking โ often at no
extra cost
โข Involved relevant staff throughout
โข Ensured strategic body in place to provide framework for
incremental change
โข Participated in small, low-risk activity to demonstrate worth
and risk management
โข Implemented technology that allows for organic growth in line
with organisational needs
88. Where are we now?
โข IP officer has become pivotal position in museum
โข IP and copyright is of interest to everyone in organisation
โข IP and copyright has become a real driver for change
โข Need to keep reviewing position and be flexible to adapt to rapidly
changing environment
โข Opening up collections forces organisation to think about different
business models and income generation โ it is a positive change
โข Our collection sales have risen since the launch of the new website and
collections search, and more permissive rights
โข IWM has moved from being risk-adverse to risk-aware โ this has opened
up thinking and created many more opportunities
90. Case studies: Innovative approaches to
rights clearances
John Peel archive
Charlie Gauvain, Managing Director,
Eye Film and Television
Network name GUEST_NETWORK
91. Case studies: Innovative approaches to
rights clearances
Re-imagining the literary essay,
a London Review of Books
commission
Ollie Brock, Digital Archive Researcher
Network name GUEST_NETWORK
92. Q and A
Chaired by Anthony Lilley
Network name GUEST_NETWORK
Welcome to the seminarBill Thompson, Chair, Head of Partnership Development, BBC Archives
Who is your audience? A History of the World in 100 ObjectsWorking in partnership to engage new audiences across different digital platformsAndrew Caspari, BBC Head of Speech Radio and Classical Music, Interactive
1.50pm Case Study: Tyneside CinemaHow the Tyneside Cinema is using digital content to engage new audiences: the role of the artist; the importance of curation; the revenue model and future plans.ย Dominic Smith, Digital Projects Manager
1.50pm Case Study: Tyneside CinemaHow the Tyneside Cinema is using digital content to engage new audiences: the role of the artist; the importance of curation; the revenue model and future plans.ย Dominic Smith, Digital Projects Manager
1.50pm Case Study: Tyneside CinemaHow the Tyneside Cinema is using digital content to engage new audiences: the role of the artist; the importance of curation; the revenue model and future plans.ย Dominic Smith, Digital Projects Manager
The Imperial War Museum was founded in 1917 while the first world war was still going on - and is the worldโs leading authority on conflict and its impact, focusing on Britain, its former Empire and Commonwealth. Right up to the present day.It has 5 sites โ 3 located in London, 1 near Cambridge, and one in the North of England. And they are all โveryโ differentโฆ This is our flagship branch in Lambeth.
This is the Churchill War Rooms โ which is a bunker under the treasury - where Churchill basically planned the successful war campaign.It is a time capsule, left untouched, with Churchill's famous trademark cigar still sitting in the ashtray.
In contrast โ HMS Belfast โ one of the last surviving ships to take part in D Day - is moored on the Thames, in the heart of London.
This is IWM North which has been opened for ten years. It specializes in the impact of war focussing more on the lives of the people living in the North of England.
And finally, IWM Duxford, near Cambridge โ this is the largest aviation museum in Europe. Itโs a working airfield and a heritage site with RAF bases dating back to the first world war.
Our collection is vast and diverse. And containsโฆThe Oldest film archive in the UKThe Second largest sound archive after the BBCOver 11 million photographsThe Second largest contemporary art collection in the UK after TateMillions of documents, diaries, papersOver 140,000 large objectsItโs a very contemporary collection as the museum only started collecting in 1917, and it is quite unique as we are able to cover each conflict of the 20th century using the entire range of the collection dating back to the First World War where we have film of the Battle of the Somme.So in essence we have a collection that is made for the digital environment and the challenge was to try to use it as effectively as we can for that medium.
This was our old collections online and image sales website. You could search for about 250,000 collection items.It was difficult to search, very curatorial in design rather than user-focussed.Did not encourage exploration or discovery. Very separate to the other parts of the website.
It would bring back a collection of images
Click on one get a description and a image no bigger than 400 pixels would be shown. You were not able to click on the image to see a larger version and Your journey would end here as there were no related items. You would need to start your search again to look for something else.Art collection was not watermarked
But all the photographs were heavily watermarked
as well as film which is sold on a separate Film Sales siteThe overall attitude was one of extreme risk-adverseness and almost active discouragement of any type of enjoyment of our collections unless you licensed something or saw it at a physical site.
We were also discouraged from using our assets in other 3rd party sites.For example, in 2010, for the 70th anniversary of the outbreak of the Second World War, digital media wanted to use Google Maps to show photographs of the blitz and where they were located. The photo archive reluctantly allowed us to use 10 photographs after much negotiation. We used the photographs and asked the public if they could help us to identify the location of the images โ within 20 minutes of posting this request, people started responding.We told our Director General and she asked us why we hadnโt included more photos in the activity?
The turning point came about with our new website and collections search. We engaged staff in a series of workshops that discussed how we might:Open up the potential of digital to enable people to learn, explore, create with our contentDiscussed what new digital products and services might look like Explored what the impact might be for staff on their working practiceWhat we got back overwhelmingly and particularly from curators was:We want people to know about our incredible collectionsThe new website should provide a shop window for people to be able to not only see what weโve got but also engage with the content in meaningful waysWe should be proud of our collections and expertise and not restrict access to them.We should go beyond our website and let users engage with our collections where they want to.So this in effect gave me a mandate to forge ahead to change our approach to IP and copyright using the website and new collections search as vehicle to do this.
To give you an idea of the way IWM is set up. We have a Collections Management Dept that manages the digitisation process, the collections management system and digital assets management system. Apart from digitisation for museum preservation, there are two main public facing channels โ either via our public programme, which includes exhibitions, website, in-gallery multimedia, mobile, social media, and other digital channels. Or commercial which includes both B2B customers licensing our collections and B2C customers via the online shop, Prints website.There is also a part-time IP officer who has been in place since early 2011 that is based in the Publishing Dept and works across the organisation to co-ordinate IP and copyright. We also have a copyright group consisting of key stakeholders that meets quarterly to discuss IP and copyright issues, agree strategic approach, and oversee implementation.We then started to make changes.
So after the consultation with staff, we designed a website that put the collections at the heart of the site. We used large images, and where possible became collections led in everything we do.A website led by our collections show visual browse www.iwm.org.uk
We reflected back what the curators had told us they wanted with the collections search โ bigger images, related collection items to view โ we increased the amount by over 500,000. We now have 750,000 collection items including film and sound.We added related places, events, themes and keywords so that users can continue their journey of interest.The collection items are indexed by Google so that users can now go directly to the items they are interested in via the search.
Large watermark free images.Large sub-set of data moved to an IWM version of the Open Government Licence that enables users to embed photos, film and sound on their own channels.Attribution โ You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work). Noncommercial โ You may not use this work for commercial purposes. No Derivative Works โ You may not alter, transform, or build upon this work. We have retained a separate B2B image sales and licensing site and film sales site as we feel these users have different requirements and needs than the general user
We created a series of Collections in Context articles โ there are about 120 on the website and growing โ that are collections-led articles providing easy access into the major stories and themes of the museum.
Our next development, which will launch later this month is to add a new function called Social Interpretation to all 750,000 of our online collection items. This will enable users to curate their own collections, annotate, comment and engage in conversation with other users and with IWM. This will be post-moderated and will seamlessly link in with our new in-gallery digital interpretation and via a mobile app, where users will have access to the same activity.This is a Nesta-funded R&D project and the aspiration is that it will eventually roll-out to more galleries in the museum and unify our in-gallery and offsite audiences.We are hoping that the experience we are gaining in post-moderation, using an extremely sensitive and challenging collection, will provide an exemplar for other organisations in the sector to engage in digital participatory activity.
An example of a collection of โMy favourite tanksโ
We have also branched out to social media channels and other 3rd party sites.Last year, we launched a Flickr activity putting 100 images of some of the first items the museum collected when it opened in 1917. Families donated photographs of serving soldiers in the First World War so that the museum could record their experiences. In most cases, the photographs only have a name, rank and unit.We had over 1.5 million hits over the Armistice weekend when we put the photographs on Flickr.
We have had a range of responses from people providing more information and in many cases telling us more about the images, and more importantly engaging in our collections in new and often very deep and meaningful ways.
We have also started to develop strategic partnerships with 3rd party sites such as Historypin where we have our own channel and a collection of photos and film. Again we will continue to add to these.
We added some colour film of the Blitz.
Google Art Project where we have some of our art collection
This again moved the organisation on as we were required to submit images at higher resolution and size than on our website.The argument is that our artwork, unknown to most (and as I said earlier the second largest contemporary collection after Tate) can be viewed by a much greater audience and in the context of other great works of art.
And BBCโs Your Paintings โ again the same argument as Google Art Project. This time using a different part of our Art collection. We have something like 2,000 works of art here.
Next project later this year will include a large-scale crowd sourcing activity involving over 120,000 photographsI believe this approach is applicable to any small or large organisation. The exciting thing is that the discussions around IP and copyright have opened up thinking in many areas of the organisation and started to link them together:Digital strategyDigitisation strategyRelationship of commercial activity to public programme and accessThe way the organisation is structured and needs to change to accommodate new ways of working in the digital world
1.50pm Case Study: Tyneside CinemaHow the Tyneside Cinema is using digital content to engage new audiences: the role of the artist; the importance of curation; the revenue model and future plans.ย Dominic Smith, Digital Projects Manager
1.50pm Case Study: Tyneside CinemaHow the Tyneside Cinema is using digital content to engage new audiences: the role of the artist; the importance of curation; the revenue model and future plans.ย Dominic Smith, Digital Projects Manager
Welcome to the seminarBill Thompson, Chair, Head of Partnership Development, BBC Archives
Case Study: www.beaplaywright.comThe evolution of the โbe a playwright projectโ from off-line to online: the processes involved; how the project is managed, creating content, the business case.ย Gez Casey, Literary Manager at Live Theatreย