BBC/EQUITY TELEVISION AGREEMENT 2015 Revised: 8th October 2015 1 CONTENTS PAGE CONTENTS PAGES 2 - 7 RECITALS 8 GENERAL TERMS 1. Scope, Enforceability and Application of Agreement 8 2. Definitions 8 3. Commencement, Duration and Termination 9 4. Equal Opportunities 9 5. Anti-Bullying and Harassment 9 6. BBC Child Protection Policy and Code of Conduct 10 7. Settlement of Disputes 10 8. Payment and VAT 10 9. Assignment 11 10. Alternative Arrangements or Amendments to this Agreement 11 11. Information for Equity’s Purposes 11 12. Casting Agreement 11 DEFINITIONS 12-18 PART ONE A. TERMS THAT APPLY TO SPECIFIC CATEGORIES OF ARTISTS Section 1 – Actors exercising dramatic skills, puppeteers, dancers and skaters (solo or group) and solo singers appearing in at least one act of an opera or musical 1.1 Weekly Engagement 1.1.1 Minimum Engagement Fee 19 1.1.2 Work Entitlement 19 1.1.2.1 Work Days 1.1.2.2 Hours of Work on Work Days 1.1.3 Additional Fees 20 1.1.3.1 Overtime 1.1.3.2 Supplementary Attendances 1.2 One Day Engagement 1.2.1 Minimum Engagement Fee, Work Entitlement and Overtime 22 1.2.2 Supplementary Attendances 23 1.2.3 Miscellaneous 23 1.3 Voice Only Performances 1.3.1 Minimum Engagement Fee, Work Entitlement and Overtime 24 1.3.2 Supplementary Attendances 24 1.3.3 Miscellaneous 24 Section 2 – Variety Acts 2.1 Minimum Engagement Fees 25 2 2.2 Work Entitlement 2.2.1 Work Days 26 2.2.2 Hours of work 26 On Location In the Studio 2.3 Additional Fees 2.3.1 Overtime 26 2.3.2 Supplementary Attendances 27 Section 3 – Stunt Co-ordinators and Performers 3.1 Minimum Engagement Fees 28 3.2 Work Entitlement 3.2.1 Work Days 28 3.2.2 Hours of Work 28 On Location In the Studio 3.3 Additional Fees 3.3.1 Overtime 29 3.3.2 Supplementary Attendances 29 3.4 Miscellaneous 30 Section 4 – Choreographers and Dancers required to assist choreographers 4.1 Minimum Engagement Fees and Work Entitlement (Work Days) 31 4.2 Work Entitlement (Hours of Work) 31 On Location In the Studio 4.3 Overtime 32 4.4 Miscellaneous 32 B. TERMS THAT APPLY TO ALL ARTISTS 5.1 Periods of Work 33 5.2 Night Work and Early Calls – Additional Payment 33 5.3 Compensation for Leave Not Taken 33 5.4 Expenses 34 5.5 Credits 34 5.6 Equity Pension Scheme 34 5.7 Time of Payment 34 3 5.8 Suspension of Production 34 Suspension of up to 3 consecutive weeks Suspension of more than 3 consecutive weeks 5.9 Engagement Fee Negotiations 35 5.10 Length of Hair 35 PART TWO: TERMS THAT APPLY TO SESSION AND CHORUS SINGERS 6.1 Engagement Fees, Work Entitlement, Rehearsal and Overtime Terms 6.1.1 Basic 5 Hours Session 36 6.1.2 Out-of-Vision Recording Session 37 6.1.3 Weekly Engagement 37 6.1.4 Signature Tune, Identifying Items or National Anthems 38 6.2 Supplementary Attendances 38 6.3 Overdubbing 38 6.4 Expenses 39 PART THREE: RECORDINGS OF PRODUCTIONS ALREADY REHEARSED AND PRODUCED BY THIRD PARTIES INCLUDING BBC PROMOTIONS OR PRODUCTIONS A. ARTISTS - EXCERPTS OF REHEARSALS OR PERFORMANCES 7.1 Excerpt Fees 40 7.2 Location, Travel and Work Entitlement 41 7.3 Agreed Restrictions 41 B. SINGERS – ENTIRE PRODUCTIONS AND EXCERPTS OF REHEARSALS OR PERFORMANCES 8.1 Session and Chorus Singers 42 8.2 London Cathedral Choirs 42 C. BALLET/DANCE, OPERA AND THEATRE – ENTIRE PRODUCTIONS 9.1 Engagement Fees 43 9.2 Work Entitlement 44 9.3 Additional Provisions 44 9.4 Staff Producers 45 D. TELEVISION COMMERCIALS 10.1 Featured Artists – Use of Whole or Part of Television Commercials 45 4 PART FOUR: PROGRAMME AND EXTRACT USES A. PROGRAMMES 11.1 Engagement Fee and Excerpt Fee Uses 46 11.2 Further Uses 11.2.1 BBC Public Service Uses 47 11.2.1.1 BBC One and BBC Two Transmissions 47 (a) Contributors (excluding Walk-Ons, Supporting Artists, Session and Chorus Singers) 47 (b) Session and Chorus Singers 50 11.2.1.2 BBC Three Online and BBC Secondary Channel Use 50 11.2.1.3 Use on Services Other Than BBC One, BBC Two, BBC Three 50 Online and BBC Secondary Channels 11.2.2 Commercial Uses 11.2.2.1 Residual Provisions 50 (a) All programmes and contributions except those listed in (b) - (g) 50 (b) Factual Programmes 51 (c) Non-drama/light entertainment programmes containing 50% or 52 less drama content (d) Voice-only performances – dramatised reading 52 (e) Opening and Closing Sequences 52 (f) Session and Chorus Singers – Signature Tune, Identifying Items 52 or National Anthems (g) Sales to ITV1, Channel 4/S4C and Channel Five 52 (h) Alternative pre-purchase arrangements 53 11.2.2.2 Royalty Provisions 53 (a) All forms of exploitation except those detailed in (b) – (c) 53 (b) Theatric Exhibition 53 (c) Soundtracks – Audio Publishing Rights 54 11.2.2.3 Commercial Uses Covered by Collective Licences 55 11.2.3 Accounting Provisions – Commercial Payments 55 11.2.4 Quit Clause 55 11.2.5 Miscellaneous 56 11.2.5.1 Use of Photographs 11.2.5.2 Unused Recorded Material B. PROGRAMME EXTRACTS 12.1 All Programmes except Compilation Programmes 57 12.2 Extract provisions for Compilation Programmes 59 12.1.1. BBC One and BBC Two 12.1.2. BBC Secondary Channels 5 PART FIVE: TERMS THAT APPLY TO WALK-ONS AND SUPPORTING ARTISTS A. TERMS OF ENGAGEMENT 13.1 Engagement Fees – One Work Day 60 13.2 Additional Fees 13.2.1 Supplementary Attendances 60 13.2.2 Compensation For Leave Not Taken 61 13.2.3 Miscellaneous Payments 61 13.3 Work Entitlement 13.3.1 Work Days 61 13.3.2 Periods of Work 61 13.3.3 Expenses 62 13.3.4 Timing of Payments 62 B. PROGRAMME AND EXTRACT USES 14.1 Programmes 14.1.1 Engagement Fee Uses 63 14.1.2 BBC One and BBC Two Repeat Fees – Walk-Ons 63 14.2 Programme Extracts 14.2.1 BBC One and BBC Two Commissions: All Genres Except Compilation 64 Programmes 14.2.2 BBC One and BBC Two Commissions: Compilation Programmes 64 14.2.3 Commissions For Services Other Than BBC One and BBC Two 64 6 APPENDICES APPENDIX 1: One Day Engagement Fees: One Day Engagement, Series of Single Day 65 Engagements, and Combination of Single Days and Weeks APPENDIX 2: BBC One and BBC Two Repeat Fees: Artists and Singers 66 APPENDIX 3: BBC One and BBC Two Repeats: Definition of Peak, Off-Peak and Daytime 67 APPENDIX 4: BBC One and BBC Two Repeat Fees: Walk-Ons 68 APPENDIX 5: Artists and Singers: BBC Three Online and BBC Secondary Channels – 69 Fees For Further Uses including Next Episode Premieres, Co-commissions APPENDIX 6: Collective Licences: Overview 70 1.1 BBC Public Services 1.1.1 BBC iPlayer: catch-up service 1.1.2 BBC iWonder/BBC Arts Online: Clip Agreement 1.2 Commercial Services 1.2.1 BBC Worldwide: Online Clip Agreement 1.2.2 BBC Store: Additional Terms for BBC In-House Production (Programmes Not Distributed By BBC Worldwide) APPENDIX 7: Additional terms of engagement 71 1. Terms that apply to certain Continuing Drama Series and Commissions for BBC Daytime 1.1 Minimum Engagement Fees, Work Entitlement and Programme Duration for Continuing Drama Series and Commissions for BBC Daytime 1.2 Pobol Y Cwm 1.3 EastEnders – Pension Contributions 2. Contributions Not Intended for Broadcast or Any Form of Exploitation 72 3. BBC Trailers and Idents 4. BBC Taster 73 7 RECITALS THIS AGREEMENT dated 3rd December 2014 is made BETWEEN: (1) British Broadcasting Corporation whose principal office is at Broadcasting House, Portland Place, London W1A 1AA (including the BBC’s Group Companies, the BBC’s assignees and successors in title) (“the BBC”); and (2) British Actors’ Equity, an independent trade union whose registered office is at Guild House, Upper St Martin’s Lane, London WC2H 9EG (“Equity”). The BBC and Equity shall individually be referred to as a “Party” and together “the Parties”. INTRODUCTION: A Equity is a UK Trade Union which represents artists from across the entire spectrum of arts and entertainment. B The BBC is a UK broadcaster and producer which engages Contributors to perform in BBC productions using a standalone contract between the Contributor and the BBC (“Contributor Contract”) which reflects the applicable terms and principles set out in this Agreement. C This Agreement sets out the standard terms, working conditions and scope of rights accepted by the BBC in relation the Contributor Contracts and comes into force on 7th April 2015 and updated and republished on 8th October 2015. GENERAL TERMS 1 Scope, Enforceability and Application of the Agreement 1.1 The General Terms set out the nature, general application, governance and definitions that apply to this Agreement. Parts 1, 2, 3A-C and 5A detail the specific engagement terms in relation to each Contributor or group of Contributors. Part 4 and 5B establishes the rights granted to the BBC in relation to such contributions. 1.2 The Parties intend for this Agreement to be binding in honour but not give rise to any legal right or obligation enforceable by the Parties. 1.3 Nothing in this Agreement limits any statutory rights of the Parties including any rights set out in the Copyright, Designs and Patents Act 1988. 2 Definitions 2.1 Capitalised words shall have the meaning set out in the definitions.