Common use of Scripted changed Format sales Clause in Contracts

Scripted changed Format sales. (USA) (a) For the purposes of scripted changed Format sale only, the Writer hereby grants to the BBC the unlimited right to edit, copy, alter or adapt the Script or storyline and to authorise others to do so for the purpose of exploiting the changed format rights. Without prejudice to the provisions in paragraph 7(b) of this Schedule Ten, the Writer also irrevocably waives pursuant to Section 87 of the Act unconditionally, irrevocably, all rights under Sections 77 and 80 of the Act and all other moral and writer’s rights of a similar nature whether now existing or hereafter conferred under the laws of any jurisdiction in respect of any changed format version. (b) The BBC will endeavour to ensure, in any agreement with a third party, that a screen credit shall be given to the Writer on the changed format versions, in a form to be agreed. Failure by any third party or inadvertent failure on the part of the BBC to comply with this clause shall not constitute a breach of this Agreement and in any event the rights granted pursuant to this Agreement shall not be capable of termination by reason of any breach of this clause. The fees set out above are equal to those for stories under the WGA Agreement uplifted by 10% and then rounded to the nearest $500. To the extent that the WGA Agreement fees are renegotiated, the fees set out and payable hereunder will also be updated using the same principles. Note: in respect of distribution of a new programme incorporating an extract from the Script, paragraph 8 of Schedule Three applies to the Writer’s share of Gross Receipts.

Scripted changed Format sales. (USA) (a) For the purposes of scripted changed Format sale only, the Writer hereby grants to the BBC the unlimited right to edit, copy, alter or adapt the Script or storyline and to authorise others to do so for the purpose of exploiting the changed format rights. Without prejudice to the provisions in paragraph 7(b) of this Schedule Ten, the Writer also irrevocably waives pursuant to Section 87 of the Act unconditionally, irrevocably, all rights under Sections 77 and 80 of the Act and all other moral and writer’s rights of a similar nature whether now existing or hereafter conferred under the laws of any jurisdiction in respect of any changed format version. (b) The BBC will endeavour to ensure, in any agreement with a third party, that a screen credit shall be given to the Writer on the changed format versions, in a form to be agreed. Failure by any third party or inadvertent failure on the part of the BBC to comply with this clause shall not constitute a breach of this Agreement and in any event the rights granted pursuant to this Agreement shall not be capable of termination by reason of any breach of this clause. The fees set out above are equal to those for stories under the WGA Agreement Agr eement uplifted by 10% and then rounded to the nearest $500. To the extent that the WGA Agreement fees are renegotiated, the fees set out and payable hereunder will also be updated using the same principles. Note: in respect of distribution of a new programme incorporating an extract from the Script, paragraph 8 of Schedule Three applies to the Writer’s share of Gross Receipts.

Scripted changed Format sales. (USA) (a) For the purposes of scripted changed Format sale only, the Writer hereby grants to the BBC the unlimited right to edit, copy, alter or adapt the Script or storyline and to authorise others to do so for the purpose of exploiting the changed format rights. Without prejudice to the provisions in paragraph 7(b) of this Schedule TenFour, the Writer also irrevocably waives pursuant to Section 87 of the Act unconditionally, irrevocably, all rights under Sections 77 and 80 of the Act and all other moral and writer’s writer‟s rights of a similar nature whether now existing or hereafter conferred under the laws of any jurisdiction in respect of any changed format version. (b) The BBC will endeavour to ensure, in any agreement with a third party, that a screen credit shall be given to the Writer on the changed format versions, in a form to be agreed. Failure by any third party or inadvertent failure on the part of the BBC to comply with this clause shall not constitute a breach of this Agreement and in any event the rights granted pursuant to this Agreement shall not be capable of termination by reason of any breach of this clause. The fees set out above are equal to those for stories under the WGA Agreement uplifted by 10% and then rounded to the nearest $500. To the extent that the WGA Agreement fees are renegotiated, the fees set out and payable hereunder will also be updated using the same principles. Note: in respect of distribution of a new programme incorporating an extract from the Script, paragraph 8 6 of Schedule Three Two applies to the Writer’s Writer‟s share of Gross Receiptsroyalties 1. The BBC will pay the Writer the following sums in respect of the exercise of Videogram Rights in the Transmitted Programme. 2. Upon first publication by the BBC of a Videogram reproducing the performance of the Script for a Long Running Series (but not otherwise) the BBC shall pay a non-returnable advance which shall be on account of royalties payable to the Writer. The advance shall be £750 which shall be payable to the Writer if all the Scripts are by the Writer writing alone. 3. If a Videogram includes material by more than one writer the Writer‟s entitlement to royalties (and if relevant the advance referred to in 2 above) shall be such proportionate share as the Script bears to the total number of Scripts included in the Videogram or such lesser amount as the Writer may agree if such Scripts are the same duration. If the Scripts included on the Videogram are of different durations the BBC will consult with the Writers concerned and agree an appropriate apportionment of royalties prior to exploitation of the Videogram. 4. Where Videograms are distributed the BBC will ensure that the following percentages of the gross revenues received by the distributor shall be paid to the Writer: Units Percentages up to 30,000 2% 30,001 to 50,000 2.5% 50,001 to 100,000 3% 100,001 to 500,000 4% Over 500,000 5% 5. The BBC shall not without the written consent of the Writer include on any one Videogram Scripts based on two different Formats. 6.1 Where Videograms are distributed overseas pursuant to any further sub- licence granted by the BBC‟s licensed distributor the royalty shall be 5% of gross revenue received by the BBC in respect of Videograms of the work sold. 6.2 Where the BBC wishes to distribute Videograms within the UK pursuant to any sub-licence intended to be granted by the BBC‟s licensed distributor the BBC and the Writer shall agree in good faith the payments due to the Writers in respect of such sales.

Scripted changed Format sales. (USA) (a) For the purposes of scripted changed Format sale only, the Writer hereby grants to the BBC the unlimited right to edit, copy, alter or adapt the Script or storyline and to authorise others to do so for the purpose of exploiting the changed format rights. Without prejudice to the provisions in paragraph 7(b) of this Schedule TenFour, the Writer also irrevocably waives pursuant to Section 87 of the Act unconditionally, irrevocably, all rights under Sections 77 and 80 of the Act and all other moral and writer’s rights of a similar nature whether now existing or hereafter conferred under the laws of any jurisdiction in respect of any changed format version. (b) The BBC will endeavour to ensure, in any agreement with a third party, that a screen credit shall be given to the Writer on the changed format versions, in a form to be agreed. Failure by any third party or inadvertent failure on the part of the BBC to comply with this clause shall not constitute a breach of this Agreement and in any event the rights granted pursuant to this Agreement shall not be capable of termination by reason of any breach of this clause. The fees set out above are equal to those for stories under the WGA Agreement uplifted by 10% and then rounded to the nearest $500. To the extent that the WGA Agreement fees are renegotiated, the fees set out and payable hereunder will also be updated using the same principles. Note: in respect of distribution of a new programme incorporating an extract from the Script, paragraph 8 6 of Schedule Three Two applies to the Writer’s share of Gross Receiptsroyalties 1. The BBC will pay the Writer the following sums in respect of the exercise of Videogram Rights in the Transmitted Programme. 2. Upon first publication by the BBC of a Videogram reproducing the performance of the Script for a Long Running Series (but not otherwise) the BBC shall pay a non-returnable advance which shall be on account of royalties payable to the Writer. The advance shall be £750 which shall be payable to the Writer if all the Scripts are by the Writer writing alone. 3. If a Videogram includes material by more than one writer the Writer’s entitlement to royalties (and if relevant the advance referred to in 2 above) shall be such proportionate share as the Script bears to the total number of Scripts included in the Videogram or such lesser amount as the Writer may agree if such Scripts are the same duration. If the Scripts included on the Videogram are of different durations the BBC will consult with the Writers concerned and agree an appropriate apportionment of royalties prior to exploitation of the Videogram. 4. Where Videograms are distributed the BBC will ensure that the following percentages of the gross revenues received by the distributor shall be paid to the Writer: Units Percentages up to 30,000 2% 30,001 to 50,000 2.5% 50,001 to 100,000 3% 100,001 to 500,000 4% Over 500,000 5% 5. The BBC shall not without the written consent of the Writer include on any one Videogram Scripts based on two different Formats. 6.1 Where Videograms are distributed overseas pursuant to any further sub- licence granted by the BBC’s licensed distributor the royalty shall be 5% of gross revenue received by the BBC in respect of Videograms of the work sold. 6.2 Where the BBC wishes to distribute Videograms within the UK pursuant to any sub-licence intended to be granted by the BBC’s licensed distributor the BBC and the Writer shall agree in good faith the payments due to the Writers in respect of such sales.