BBC and Pact agree on new media rights

The BBC and Pact have finalised amendments to their existing Terms of Trade agreement - giving BBC audiences enhanced opportunities to view their favourite programmes across all platforms and allowing independent production companies greater freedom to exploit new media rights.
The new deal is the first to be struck on new media rights by Pact and a major UK broadcaster and has been achieved within the May 31 deadline for agreement set by Ofcom as part of its TV Production Sector Review.
The key changes to the existing Terms of Trade provide for:
Enhanced opportunities to catch up on BBC programming via the public service window: viewers will be able to catch up on any episodes of a series they have missed on-demand while the series is still going out; viewers will also be able to download and store programmes locally to view later. Once accessed, they have seven days to view them.
Commercial video-on-demand rights will be available to exploit in the UK for the first time. Independents will also have greater freedom to exploit other new media rights and enjoy an improved share of revenue from commercial exploitation in the UK.
In addition the BBC will simplify and streamline its procedures in relation to its holdback policy – making the use of independent programmes in the UK much easier and more straightforward.
Bal Samra, BBC Television's Chief Operating Officer, said: "There have been some tough negotiations but there is agreement on both sides that these amendments strike a great deal for both the independent production sector and the licence fee payer."
Jana Bennett, BBC Director of Television, said: "This deal has improved what was a fairly narrow public service new media window to view programmes. It creates the possibility - subject to the necessary approvals - for audiences to catch up with their favourite BBC programmes at their convenience.
"It's great news for viewer choice and for anyone who wants flexibility as to when and how they watch our output."
Alex Graham, Chief Executive of Wall to Wall and Chair of Pact, said: "The word that best captures the spirit of this deal and the negotiations that led up to it is 'partnership'.
"The old 'them and us' attitudes have gone and the deal is a sign of what can be achieved when a strong, confident BBC and a dynamic independent sector work together."
John McVay, Chief Executive of Pact, said: "This is not only a good deal for the BBC and indies, it is a good deal for the whole market."
A ruling of the Communications Act was for the intellectual property rights of independent programmes to reside with the producer. The original Terms of Trade, signed by the BBC and Pact in August 2004, reflected this shift.
BBC on-demand services - for which some of these rights are necessary - form part of BBC management's proposal to launch the BBC iPlayer service. This will be subject to a public value test by the BBC Governors.
(GB)