Law and the Media, 4th Edition

5 Rights Clearances

Philip Alberstat

5.1 Introduction

When producing an original programme, publication, or one that incorporates pre-existing material, it is vital for the producer or editor to ‘clear’ any rights belonging to third party contributors. Failure to clear such rights will result in infringement of the copyright, moral rights or performers’ rights of the contributor, and may result in legal action and financial liability.

The producer or editor must decide whether he wishes to acquire copyright outright, in other words assign it, or clear it for specific use under a licence. If copyright is to be assigned, the lawyers for each party should draw up the terms of purchase at the earliest opportunity. If copyright is to be cleared for ...