For The UK Film, Radio And PracticeCode OfThe APC

ap cTHE ALLIANCE FOR THEPROTECTION OF COPYRIGHTcThe APCCode ofPracticefor the submission of filmand programme proposalsfor the UK film, radio andtelevision industry

Participatingorganisationswhich have adoptedthe APC Codeof PracticeThe APC Codeof PracticeAETN UKBECTUBritish Broadcasting CorporationChannel Four TelevisionIntroductionChannel 5 Broadcasting LimitedDirectors UKITV Network LimitedMusicians’ UnionNational Union of JournalistsWhat is covered by the Code?To whom does the Code apply?PACTThe Society of AuthorsWomen in Film and TelevisionS4CcThe purpose of the APC Code of PracticeRadio Independents GroupWriters’ Guild of Great BritainThe CodeObjectivesObligations of those submitting proposals444-5Obligations of those receiving proposals6In-house proposals7Development of a proposalDispute proceduresThe Alliance for the Protection of Copyright 20092Review78-99

IntroductionThe purpose of the APC Code of Practice(‘the Code’) The proposal must be in permanent form whether electronic orhard copy. The Code does not apply to ideas (unless committedto some permanent form) or verbal submissions. To encourage the free flow of ideas and proposals within the filmand broadcasting sectors and provide confidence for thosesubmitting such proposals. Any proposal must be a substantially original work owned and/orcontrolled by the person submitting it and must not amount to acopyright infringement of another’s work or be sent in breach ofany confidence. To provide practical guidelines on how to submit film andprogramme proposals (including for interactive and on-linecontent) to film, broadcasting and production companies. To set out the obligations of those submitting and receiving film,radio and television programme proposals. To explain what to do in the event that a dispute arises.What is covered by the Code? Any film, radio and television programme proposal which mayinclude formats, treatments, scripts, outlines, developmentdocuments, tender submissions, storylines, artwork and synopseswhich is sent to a broadcaster or film or production company withthe purpose of seeking to have the proposal developed and/ormade into a film or programme for broadcast.2To whom does the Code apply?c Those participating organisations which receive film, radioand television proposals in the UK including the principal UKbroadcasters, PACT members and other film and productioncompanies which have adopted or acknowledge the principlesand best practice contained in the Code. Any individual or company that creates or originates film, radioand television programme proposals and who wishes to offersuch proposals to a broadcaster or film or production company.The Code extends beyond professional persons or companies toanyone submitting proposals in order to establish a fair andconsistent approach and best practice throughout the industry.3

The CodeObjectivesThe principal objectives of the Code are to ensure that film, radioand programme proposals are treated in a fair and transparentmanner and minimise the likelihood of disputes arising as to theownership and development of any film or programme proposal.Obligations of those submitting proposals42.1Those submitting a proposal should follow any publishedsubmission procedures of the relevant recipient(s), or in theabsence of any published procedures, should do so inwriting in a permanent or electronic form with any originalfeatures clearly identified.2.2Wherever possible, those submitting a proposal should alsoundertake the following:2.2.1Provide as much detail as possible of each proposalto assist those receiving it to review the proposal asobjectively and fairly as possible.2.2.2State in writing that the proposal is being submittedin confidence.c2.2.3State in writing whether it has been sent to any otherbroadcaster or film or production company.2.2.4Retain an exact copy of the proposal together withthe date submitted and the name and any other relevantdetails of the person to whom the proposal was submitted.An additional protection would be provided by registrationof the proposal at the time of submission with a legalor other independent representative.2.3It is recognised that similar and on occasion identicalproposals will be submitted by different individuals orcompanies and sometimes simultaneously. As far aspracticable proposals should be submitted with as muchdetail as possible in each case so that it can bedifferentiated from other proposals submitted, appropriatelyassessed and treated fairly.5

Obligations of those receiving proposals3.363.1Those who adopt the Code and receive proposals willundertake the following:3.1.1Adopt and maintain internal procedures that ensure as faras reasonably possible the appropriate confidentiality underwhich the proposal was submitted. It is recognised thatproposals may need to be copied and circulated withinan organisation to those responsible for approving orcommissioning proposals. Such dissemination in confidenceis acceptable unless any specific restriction on who canreview the proposal is imposed by the person submitting theproposal and this is subject to agreement by the receivingparty. The proposal may not be passed or copied to otherpersons other than for the consideration of that proposal.Where a proposal is rejected the recipient will uponrequest use reasonable endeavours to return any originalor other non-digital material submitted for consideration.The costs of returning a proposal may have to be met bythose seeking its return.c3.1.2Adopt and maintain internal procedures whereby proposalsare logged. The logging should include reference to the titleof the proposal, date of receipt, the sender’s details and,where appropriate, a short description of the proposal.3.2A response to the proposal whether by way of rejectionor to indicate interest should be provided ideally in writing(although by email is acceptable) within a reasonable timefollowing receipt and in accordance with any publishedtimetable issued from time to time by individualbroadcasters, film and production companies. Where aproposal is submitted in response to a particular invitationto tender, any decision in relation to that proposal will beundertaken fairly in accordance with any published tendercriteria and any response will be provided pursuant to thepublished timetable (if there is one).In-house proposals4.1Where a film, radio or television production companyor broadcaster originates its own proposals it mustensure that internal procedures are established whichdistinguish between proposals submitted from an internalor external source.Development of a proposal5.1Where a proposal is the subject of further developmentor is commissioned to be made into a film or programme,specific contractual and commercial terms will be agreedbetween the parties which should deal, amongst othermatters, with the ownership of any intellectual propertyin the proposal and the subsequent film or programme.Once a contractual relationship has been established theCode will be superseded by the relevant contract terms.7

Dispute procedures6.6If an individual is not a member of a representativeassociation, trade union or other organisation, they maycontact the Chair of the APC to receive advice on therelevant dispute resolution procedures of the recipientorganisation. The Chair of the APC can be contactedcare of Administrator@wftv.org.tv.6.7This procedure encourages all complainants to seek toresolve any complaint or dispute as above. However, nothingcontained in the Code shall affect or restrict the legal rightsof the parties.c c6.1A key objective of the Code is to minimise the likelihood ofdisputes concerning the ownership and development of anyfilm or programme proposal.6.2Each participating organisation will have as part of itsdispute procedure a mechanism to appoint a senior personwithin their organisation to review any complaintsconcerning the submission of a proposal that cannot beresolved.6.3If anyone submitting a proposal has a complaint concerningthe unauthorised use or development of any proposal or anysubstantial part or element of that proposal it should beraised with the recipient of the proposal. The complaintshould be set out in writing with any supporting evidenceincluding: The date the proposal was submitted. 8To whom it was submitted.Any correspondence between the parties.The grounds of the complaint.6.4The parties should use reasonable endeavours to resolve thecomplaint without further referral.6.5In the event that a resolution cannot be reached, the personsubmitting the proposal (either directly or through theirrepresentative association or trade union) should contact theperson nominated by the recipient of the proposal to reviewthe complaint (see clause 6.2). The nominated person willundertake a fair review of the complaint and any supportingevidence and provide a written response to the complaint.Review7.1Representatives of the participating organisationsshall meet periodically to review and assess the practicalimplementation of the Code and consider any amendmentsto the Code.9

With thanks to allthe contributing organisations whichhave supported the principles ofthe APC Code of Practiceand the individuals who havegiven their personal time,thought and expertise to makeits publication possible.c10ap cTHE ALLIANCE FOR THEPROTECTION OF COPYRIGHT11

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Those participating organisations which receive film, radio and television proposals in the UK including the principal UK broadcasters, PACT members and other film and production companies which have adopted or acknowledge the principles and best practice contained in the Code. Any individual or company that creates or originates film, radio