Dr. Future on Thu, 30 Jul 1998 02:06:14 +0200 (MET DST)


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<nettime> Millennium Compliant Film Making


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For those of you planning to make a film for a national broadcaster (and
who isn't?) pay special attention to the new "Millennium Compliance" 
clause at the end of this programme purchasing contract.

You have been warned - there is no excuse.

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LICENCE AGREEMENT Programme No  27015

THIS AGREEMENT is made on ___________ day of __________________ 19


BETWEEN

1.CHANNEL FOUR TELEVISION CORPORATION ("Channel 4") of 124 Horseferry
Road, London SW1P 2TX

and

2.   The Licensor specified in the Deal Terms.


The Licensor hereby grants to Channel 4 the Rights in the Programme(s)
in accordance with the following Deal Terms and General Terms.


DEAL TERMS

A.   The Licensor            :


B.   Address of Licensor     :

C.   Title or Programme(s)   :


D.   Duration of Programme(s):


E.   Language of soundtrack  :

Dubbed/subtitled version 
to be supplied   N/A

F.   The Rights   
     The right to broadcast and to cause and authorise the broadcast and
transmission at the Programme(s) by means of 3 Licensed Broadcasts on the
Channel 4 Service.

G.   The Licence Period   
     The period from 1 November 1998 to 7 years thereafter (being 31 October
2005) for Licensed Broadcasts on the Channel 4 Service

H.   The Territory   
     The United Kingdom of Great Britain and Northern Ireland, the Channel
Islands and the Isle of Man and the United Kingdom Continental Shelf and
Republic of Ireland.

I.   Licence Fee:   

J.   Schedule of Payments:   
     In all cases subject to prior signature and exchange of this Agreement and
upon receipt of the Licensor's invoice.  Such invoice should state clearly the
name of the bank, its address and details of the bank and account to which the
Licensor requires payments to be made.  510 payable on receipt and technical
acceptance by Channel 4 of the Broadcast Material hereinafter specified.

K.   Medium on which Programme(s) has/have been produced: 
     Digital Betacam

L.   Medium on whichProgramme(s) to be delivered to Channel 4   
     Digital Betacam comprising Broadcast Material)
     Unless specifically stated otherwise Broadcast Material shall
be delivered in the print medium or tape format in which it was produced
in the original aspect ratio/ widescreen/scope version.

M.   Broadcast Material   
     This will be supplied on loan purchased by Channel 4. Publicity materials
forming part of the Delivery Materials shall be delivered to Channel 4 marked
for the attention of Ruth Fielding.  

     The technical specifications and standards to apply to any Broadcast
Material delivered to Channel 4 shall include the requirements
concerning "Millennium Compliance" set out in the attached Appendix. 
The Licensor hereby acknowledges and agrees to be bound by the
provisions set out in the Appendix.


N.   Delivery Date    
     15 September 1998.  

     Signature of this Agreement shall be deemed confirmation of Channel 4's
order to commence delivery of the Delivery Materials by the Delivery Date.  


O.   Exclusivity    
     The Rights under this Agreement shall include the sole and exclusive right
during any part of the Licence Period and throughout the Territory to televise
and broadcast or communicate to the public by television or broadcasting or
including in a telecommunications system the Programme(s) by any means

(aa)   without dialogue or commentary if the Programme(s) was/were
produced without dialogue or commentary;

(bb)   with dialogue or commentary in the English language if the
Programme(s) was/were produced with all dialogue or commentary in the
English language;

(cc)   with dialogue or commentary in English or in its original language
dubbed or subtitled in the English language if the Programme(s) was/were
produced with any dialogue or commentary originally in a language other
than English.

PROVIDED THAT Channel 4 shall only exercise its broadcast rights in the
form of Licensed Broadcasts or Licensed Transmissions.


P.   Notification of start dates   
     The Licensor shall notify Channel 4 in writing of any date
which is relevant to calculation of the Licence Period in this Agreement
within 14 days of becoming aware of the same.

Q.   Special Conditions

Q(i) Sponsorship:   
     Having regard to the Codes of Programme Sponsorship issued by the
Independent Television Company and Channel 4, copies of which the Licensor
acknowledges having received, it is of the essence of this Agreement that the
Licensor agrees and undertakes that any acknowledgements of any kind which may
be required by any programme or event sponsors or any other organisation in any
way connected with any aspect of the Programme(s) will be notified to Channel 4
in writing as soon as possible and in any event prior to the delivery of the
Broadcast Material.  If in the reasonable opinion of Channel 4 the Programme(s)
is/are in breach of the said Code or any subsequent Guidelines issued by the
Independent Television Commission or Channel 4 then Channel 4 shall be entitled
to exercise the editing and adaptation rights set out in the General Terms in
respect of such acknowledgements.

In exercising its rights in the Programme(s) under this Agreement but
not otherwise, Channel 4 may authorise third party sponsors to receive
aural or visual credits but only to the extent permitted by Codes,
Directions and Guidelines issued by the ITC as amended from time to time
(including but not limited to the ITC Code of Programme Sponsorship) and
further Channel 4's Guidelines on Programme Sponsorship.

Q(ii)Additional Agreements:   
     The Licensor agrees that:

(a)  should any further season(s) of the Programme(s) or re-run(s) of or
sequel(s) to the Programme(s) be produced or become available the Rights
(as defined in Clause (F) [and elsewhere in the Agreement]) in such
Programme(s) will first be offered to Channel 4 and Channel 4 will be
given a reasonable opportunity to acquire Rights in such Programme(s) in
the Territory on terms to be negotiated in good faith between the
parties;

(b)  upon expiry of previous Agreement(s) with Channel 4 the Rights (as
defined in Clause (F) in the Programme(s) or previous season(s)/episodes
of the Programme(s) licensed to Channel 4 under the previous
Agreement(s) will also first be offered to Channel 4 which will be given
a reasonable opportunity to re-acquire the Rights in the Programme(s) in
the Territory on terms to be negotiated in good faith between the
parties.  In the event that such season(s)/episodes are not re-acquired
by Channel 4 then the Licensor will not, without prior agreement,
license previous season(s)/episodes to any third party for televising
and broadcasting and causing and authorising the communication to the
public by televising and broadcasting within the Territory during
Channel 4's Licence Period for current or subsequent season(s) of the
series; in the same time slot and on the same day as Channel 4's
transmission(s).

(c)  Should Channel 4 wish to increase the number of Licensed Broadcasts
for one or more of the Programme(s) licensed hereunder during the
Licence Period in Clause G the Licensor shall, subject to the Licensor's
own rights, give due consideration to such request and shall not
unreasonably refuse to license such additional broadcast on terms to be
negotiated in good faith between the parties. 

Without prejudice to and severally from (a), (b) and (c) above Channel 4
shall have the right to match any offer received by the Licensor for the
Rights in the Programme(s) in the Territory from any other third party.

Q(iii)   Amendments to the General Terms of Agreement: 
	 (a) The Licensor expressly warrants that no part of the soundtrack or
the film comprising the Programme(s) comprises any part of any repertoire owned
or controlled by either Phonographic Performance Limited or Video Performance
Limited.

	 (b)      The following wording shall be deemed added after the first
sentence of Clause 8 of the General Terms "except in the case of the 
Programme(s) being used in a Compilation Programme where credits may interrupt 
the flow of such Compilation Programme."


AS WITNESS the hands of the parties of their duly authorised
representatives


Signed by     ___________   Signed By    __________

Name          ___________   Named        __________

Description   ___________   Description  __________

For and on behalf of   For on and on behalf of
CHANNEL 4 TELEVISION   
CORPORATION


APPENDIX
MILLENNIUM COMPLIANCE

In this Appendix

"Millennium Compliant" shall mean that neither the performance nor
functionality of any Production Equipment or Broadcast Material will be
affected by dates before, during or after the year 2000.

"Production Equipment" shall mean any product, service, item of equipment,
hardware, software, microchip, semiconductor (or other item containing, using
or dependent upon any of the foregoing) used for the purposes of production and
delivery of the Programme(s) and Broadcast Material under this Agreement which
contains computer software programs or embedded computer software code.

The Licensor warrants and undertakes as a condition of this Agreement that the
Production Equipment, the Broadcast Material (including but not limited to the
Programme(s)) to be delivered to Channel 4 under this Agreement will be
Millennium Compliant.

The Licensor acknowledges the importance to Channel 4 of ensuring that the
Licensor's performance of its obligations under this Agreement is not in any
way hindered by computer software problems associated with the advent and
effect of the Year 2000 AD.
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