JOB DESCRIPTION Job Title Business Affairs Manager Division BBC Television, RBA, BBC Cymru Wales, BBC North, BBC Scotland, BBC Northern Ireland Reports to Head of1 Business Affairs in the Genre, Nation or Division, or Head of Contributor Rights Grade 9 D Location Various: London, Cardiff, Salford, Birmingham, Belfast and Glasgow AIMS OF THE JOB To manage, conduct and oversee a wide range of Legal & Business Affairs activities and, for Contributor Rights, the Rights activities, in accordance with all relevant policies and frameworks. To be a key member of the BBC’s legal & business affairs team in implementing the rights and business strategy, centrally in relation to necessary framework agreements and/ or locally in the relevant genre(s)/Nation. To build, maintain and manage first class relationships with key external organisations and across the BBC. KEY RESPONSIBILITIES Negotiating and contracting: To be responsible for negotiating and contracting a wide range of deals including but not limited to production and development agreements with independent production companies, in-house production, talent and contributor rights agreements, , acquisition agreements, digital media contracts, , commercial investment and distribution contracts, collaboration and partnership agreements with creative and funding partners. Rights management: To advise on all aspects of rights management. To undertake particularly complex clearances on existing material, liaising with production departments and BBC Worldwide to trace and clear copyright ownership. To ensure the necessary rights are acquired for secondary programme exploitation as required. Team management: To provide management support to the Head of Business Affairs or Contributor Rights, which may include some responsibility for the day to day management and development of the Business Affairs Executives and Assistants. Support editorial and creative: To advise editorial, production and finance staff of the key business implications of programme ideas or offers. To advise of the impact of rights issues on budgets. To anticipate legal and contractual concerns and offer strategies to resolve them delivering an excellent service to production and editorial teams. External third party relationships: To form relationships with key external contacts including commercial partners, independent producers, BBC Worldwide and other rights-owning bodies to negotiate terms for investment and licensing of BBC programmes and other representative bodies. 1 Nb in BBC Cymru, the role is Head of Legal & Business Affairs 1 Internal BBC relationships: To build and maintain effective working relationships with Commissioning, Production, Editorial Policy, Finance, BBC Rights and Business Affairs teams and BBC legal division to ensure maximum creative and business synergies. Risk management: To manage and mitigate legal, contractual and business affairs risk, brand and IP protection and provide all other risk management support. Specialist knowledge, skills or qualifications: Where applicable, to provide specialist knowledge, qualifications or skills as services to the Genre, other Genres, and the wider Rights & Business Affairs teams (including training colleagues in such skills) as directed by the Head of Business Affairs. Pan-BBC approach: To work with the Head of Business Affairs/ Contributor Rights and other Business Affairs colleagues across the BBC to ensure consistent high standards in deal making and rights acquisition, within the context of a pan-BBC strategy. To ensure that standards and frameworks are adhered to and translated into compliant individual deals, taking a pan-BBC approach wherever possible ensuring all work is undertaken within all relevant union and operational frameworks. To manage accurate contract documentation and rights reporting. Working with the central Rights and Business Affairs teams by providing input and, where necessary, support in negotiating pan BBC framework agreements helping develop and implement the pan BBC rights strategy. BBC Policy: To ensure that all deal making is consistent with BBC Fair Trading policy, Regulatory requirements including the Charter and Agreement and all relevant service licenses and BBC Editorial and Public Policy. Specifically for the Business Affairs Manager, Contributor Rights specialism: To deliver, as needed, effective and efficient framework deals with the stakeholder organisations representing underlying contributor rights in programmes (e.g. trade unions, collecting societies, trade associations and other representative bodies including Equity, PMA, WGGB, PRS, PPL and D:UK) To ensure the agreements deliver all the Public Service rights required by the BBC, an agreed set of commercial rights, subject to payment and in a way that is easy to administer. To ensure the framework agreements can deal retrospectively with past contracts and are flexible to adapt quickly to new business requirements. To stay abreast of the BBC’s business development aspirations so that the frameworks deals can both mould and respond to these requirements. Ensure the proper application of the Contributor Rights deals and supporting best practice and professional development in the Rights & Business Affairs community across the BBC Specifically for the Business Affairs Manager, Music Copyright specialism: To develop a music copyright centre of excellence across the BBC so that each genre has the competences to undertake most of their own music contracting activity. This includes the management of the Music Clearance system and a music copyright knowledgebase (website), and training genre-based BA staff in the specifics of music copyright. To negotiate and advise on the complex non-standard music deals Specifically for the Business Affairs Manager, BBC Cymru Negotiating and contracting may include complex non-standard music agreements, high level sport rights agreements (if required), and media access, 2 External third party relationships: will include S4C and Welsh Assembly Government. If required, to be able to deal with strategic partnerships between the BBC and the Welsh Assembly Government and other public sector organisations in Wales. BBC Policy: To be aware of and able to advise on regulatory and legal affairs relating to the Strategic Partnership between the BBC and S4C and discharge of the BBC’s statutory obligations. KNOWLEDGE AND SKILLS Comprehensive understanding of Business Affairs for the television, radio and digital media industry and related BBC policy and strategy including market knowledge where applicable (e.g. of independent production costs and talent fees) Sound understanding of programme making and the production process and deal making across in-house and/or independent programmes. Proven negotiating and influencing skills and strong contracting experience. Specific experience of a managerial and/or rights & business affairs nature (for example a specific rights specialism; legal qualification; or line management expertise) which is identified on a case by case basis by advertisement or otherwise prior to appointment into the role. Proven track record of having led and delivered complex projects within both time and budgetary constraints. In certain circumstances the role may require acting in a formal legal capacity. Where this is agreed with the Controller of Business/RBA Senior Management the following will apply: o Accountability on legal matters will be to the Controller of Business / RBA Senior Management and ultimately General Counsel o The role will require all legal training as required by the relevant legal regulatory body to be undertaken each year o The title of the role will be Legal and Business Affairs Manager o The individual will be legally qualified Specifically for Contributor Rights: a sound understanding of (i) the legal and regulatory framework related to copyright and performers’ rights in the UK and EU; (ii) the Representative Organisations with which the BBC maintains framework agreements and the related contractual arrangements which the BBC has with them; (iii) the market factors and commercial and business practices relevant to the negotiation of contributor rights framework deals Specifically for Music Copyright: o Proven success of negotiating within a music and media context o Good knowledge of union agreements and how they apply in other sectors o Demonstrable understanding of the Indie Terms of Trade and of funding, rights acquisition and distribution issues and commissioning processes in the Indie contracting area Specifically for the Business Affairs Manager, BBC Cymru: Fluency in the Welsh language may be a requirement of the role, with the proven ability to negotiate and draft legally sound agreements in written Welsh and will be at the Head of Legal & Business Affairs discretion and this will be addressed by the Head of Legal & Business Affairs prior to the appointment of the role. 3 COMPETENCIES Strategic thinking - Can understand and implement a short, medium and longer-term strategic vision, seeing the bigger picture where appropriate as well as understanding local issues. Influencing, persuading and negotiating - Highly developed influencing, persuading and negotiating skills. Communication - Ability to present ideas and opinions clearly and effectively using a range of tools and techniques appropriate to the audience and subject. Organisation and Planning - Delivers quality, even during times of large-scale change and uncertainty; monitors team projects