5D Copyright and Fair Dealing : Key Points
- Programme-makers have contractual responsibility for ensuring that all necessary clearances e.g. copyright, trademarks etc. have been obtained for their programmes.
- Copyright queries. In the event of a copyright clearance query, programme-makers and producers should contact their allocated commercial or business affairs executive in the first instance, unless it relates to fair dealing or issues of potential infringement, in which case programme-makers should contact the programme lawyer.
- Clearance. Where appropriate, programme-makers must obtain the consent of the copyright owner, normally in the form of a signed licence agreement. If programme-makers encounter problems clearing footage or other material, or consent by the copyright owner is denied, programme-makers must ensure the material in question is removed from the programme or, otherwise, must alert the programme lawyer, who will decide whether or not it can be used pursuant to one of the statutory defences that exist e.g. "incidental inclusion" or "fair dealing".
- 'Fair dealing' is a defence to copyright infringement which allows works that are otherwise protected by the law of copyright, to be used within programmes, in certain circumstances, without being licensed. Where there is any wish or intention to ‘fair deal’, programme-makers must seek the consent and advice of the programme lawyer. Note: most sports footage cannot be fair dealt and can only be used in accordance with the provisions of the Sports Access Code, to which Channel 4 and Five (and ITN and Sky, who make Channel 4’s and Five’s news respectively) are signatories.
- For general enquiries regarding music clearance matters, please refer to the 'commercial affairs – rights' department at Channel 4 or the 'music services' department at Five.