Helen Boaden Director – BBC Radio Broadcasting House Portland Place London W1A 1AA

27 August 2014

Dear Helen

BBC RADIO COMPILATION ALBUMS

I am writing to seek clarification on the extent of promotion and endorsement permitted for commercial products featuring BBC brands and presenters and also on the rules in place to ensure appropriate use of these brands.

The context for this inquiry is the upcoming compilation album ‘BBC Radio 1’s The Nixtape’, due out on 22 September and subject of a standalone website www.thenixtape.com where it can currently be pre- ordered. As you will be aware, this album is named after a popular segment on the Radio 1 breakfast show. From the information available it would seem that the intention is to use the BBC and Radio 1 logos, as well as the association with Nick Grimshaw and the Radio 1 breakfast show, in order to support the sales and marketing for this product.

RadioCentre appreciates that the BBC will often seek to maximise the value of its content for the benefit of licence fee payers by creating, acquiring, investing, developing and exploiting media content and brands around the world. We also understand that this is only the latest in a line of compilations that feature BBC branding, often with the endorsement of presenters. Other recent examples include Radio 1’s Live Lounge compilations and Radio 1’s Dance Anthems.

But we are mindful of the BBC’s scale and market impact, particularly in the UK radio sector, and would not wish such activity to be in breach of the BBC’s own editorial or fair trading guidelines, or the policies outlined by the BBC Trust.

To be clear, our concerns are twofold. First, we would be concerned if the prominence of these products on air, online or on television (along with the BBC’s association with them) started to appear like an arrangement more akin to a commercial promotion on the BBC.

Second, we would not wish the use of BBC brands in the advertising and promotion of these albums more broadly to become confused with advertising for specific BBC properties. As you will appreciate these albums are somewhat unusual, as unlike much BBC content sold commercially, they are identified explicitly with the radio stations, shows and presenters, to the extent that BBC Radio 1 appears as part of the title. Therefore this may also be a factor to take into account in any future advertising campaigns (such as the peaktime television ads that have been used in the past).

RadioCentre RAB 5 Golden Sq London W1F 9BS RACC RADIOCENTRE LTD t 020 3206 7800 Registered Office 5 Golden Sq London W1F 9BS f 020 3206 7801 Registered in England No 2669040 w www.radiocentre.org JICRIT

In light of these concerns I would highlight the following extracts from the BBC’s Editorial Guidelines and BBC’s Fair Trading Guidelines.

For example the Editorial Guidelines state:

(14.4.24) we must never give the impression that we are unduly promoting any commercial product on air or online. Any references to BBC-related products must be for clear editorial reasons and there should be no element of plugging

(14.4.32) We should ensure that the BBC brand is not used to endorse outside companies or organisations. We can achieve this by ensuring commercial advertising, promotion and press releases by outside companies do not give the impression of BBC endorsement

(14.4.33) We should not normally allow the BBC name, logos, titles, channel names, programme titles, formats or characters to be used by commercial advertisers

In addition the Fair Trading Guidelines state:

(3.6) clear boundaries should be drawn between the BBC’s Public Service Activities and its Commercial Activities in order to ensure that there is clarity in their respective objectives, strategies and decision- making’

(4.8) BBC brands should not be used in a manner that might reasonably be interpreted as endorsement or promotion of the activities of the BBC’s Commercial Subsidiaries and/ or third parties

(4.5) the term ‘BBC brand’ refers to anything which could suggest that a good or service has a strong association with, or has originated from, the BBC

(4.20) when third parties have been licensed to produce the BBC’s commercial goods and services, it must be clear to consumers that the BBC has not manufactured the product

In the light of the concerns I have outlined above – regarding the prominence of these commercial products on the BBC and the use of the BBC brand and properties in advertising these products more broadly – I would be grateful if you would share your perspective on whether you believe that the BBC’s guidelines are being adhered to appropriately in the case of BBC compilation albums.

I look forward to hearing from you.

With best wishes

Siobhan Kenny Chief Executive, RadioCentre

Cc: Ben Cooper, Controller, Radio 1 Controller, BBC Fair Trading