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Post by stevewhite on Nov 15, 2014 13:38:24 GMT
After the Web and Enemy release I remember reading something about actors contracts not being sorted out properly. Was this a rights issue and could a release of a found story get caught in some sort of rights hell or possibly other clearance problems?
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Post by Ed Brown on Nov 15, 2014 14:25:09 GMT
This is a bit of an unrealistic question!
That sort of thing is much less likely to occur with Hartnell or Troughton material, as sadly so few of the actors are still alive to raise such issues.
None of the regular cast have ever done so, of course, so there is no reason to suppose they would suddenly do so now.
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Post by stevewhite on Nov 15, 2014 15:27:48 GMT
Dead actors still have estates that would act on their behalf.
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Post by Nicholas Fitzpatrick on Nov 16, 2014 23:03:43 GMT
What an odd question. I never read anything like that. This was an official comment, or just the rambling verbal BS of an anonymous commenter somewhere?
Every second of Doctor Who has already been released and cleared in either audio or video multiple times and in multiple countries. It seems beyond comprehension that this could possibly be an issue at this stage!
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Post by Richard Marple on Nov 17, 2014 12:59:37 GMT
Wasn't there an issue with Malcolm Hulke's estate that delayed the DVD releases of stories written by him?
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Post by Paul Vanezis on Nov 17, 2014 14:15:00 GMT
There are no issues with any rights in DW DVD releases or republishing as a 'paid for by the public' title.
There would be potential issues with music clearances where commercial music has been used for sales abroad, where the BBC's blanket agreements don't apply, or where the blanket agreement has lapsed and music has to be deleted, as was with the case with 'Fleetwood Mac' used on 'Spearhead'. Since that release, the blanket agreement came into play and subsequent releases included the track. Also, there are separate agreements for broadcast and DVD/Audio publishing. Re-publishing is a minimum amount for a fixed period of time, whereas a broadcast is a single fee based on a transmission.
Where music is composed for a specific title, the agreement is for broadcast only and overseas sales where the title is invested by the distributor up front. All specially composed music for DW by third parties would have to be renegotiated with third parties (not Radiophonic Workshop which was an in-house department of the BBC) and in fact they have been renegotiated for all republishing due to the audio releases.
Due to agreements with Equity, an actor cannot stand in the way of a repeat or DVD release. This was decided upon by the actors union after complaints from members who were denied income because more famous actors refused permission for a series to be repeated.
The only people who can stand in the way of a release on DVD are writers. However, if the claim is not in the judgement of the distributor reasonable, based on previous agreements with the writer or his/her estate, the distributor can still go ahead and release the title. There are precedents for this.
This has only ever happened once though as far as I know with DW, and then in fact it was for a re-transmission. The title was broadcast.
Regards,
Paul
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Post by stevewhite on Nov 17, 2014 15:20:48 GMT
Thanks Paul!
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Post by George D on Nov 19, 2014 14:01:07 GMT
I'm curious if thIs is What happened with shada and why the dvd had no completed version.
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Post by Marty Schultz on Nov 19, 2014 21:34:56 GMT
Paul.
Would rights issues arise regarding Doctor Who - if put up on the soon to be completed BBC archive service? Is this service - paid for by the public? i.e. Wouldn't contracts need to be renegotiated if put up for FREE as this would negate any previous revenue streams to those concerned.
Thanks.
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Post by Paul Vanezis on Nov 21, 2014 19:34:15 GMT
Paul. Would rights issues arise regarding Doctor Who - if put up on the soon to be completed BBC archive service? Is this service - paid for by the public? i.e. Wouldn't contracts need to be renegotiated if put up for FREE as this would negate any previous revenue streams to those concerned. Thanks. Material has been put up free in the past, but whilst it's free to the public, someone is paying for it somewhere. So in short, live streaming or DTO (Download To Own) would have to be negotiated, but it probably already has with the various unions, including Equity. I don't think we'll find much archive material effectively free apart from some shows where the third party rights are so minimal that the cost of administrating the income is likely to cost more than offering it for free and the BBC (or BBC Worldwide) taking the hit. However, I don't think anyone is suggesting the service will be free for things like drama. After the 30 day window after TX, I expect charges to be levied. Paul |
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Post by Marty Schultz on Nov 22, 2014 13:23:33 GMT
Thanks for the reply Paul. The ABC in Australia is setting up a similar service. Our current government have pushed for this to be a user-pays subscriber service. Regardless - there is a lot of quality archival TV that is unavailable. Hopefully both our government broadcasters can deliver the goods!
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