BECS Archived News

On 3 August 2011, the government published its response to the recommendations of Prof Hargreaves following his review of Intellectual Property (IP) and Growith. Alongside the response the government also published its International IP Strategy and IP Crime Strategy.

These documents, together with a message from the Secretary of State for Business, Innovation & Skills, are available from the IPO website. 

The government has announced that it agrees with the Review's central thesis that 'the widest possible excetptions to copyright within the existing EU framework are likely to be beneficial to the UK, subject to three important factors'.  However, ‘the three important factors’ include adherence with EU and international treaties. Under these EU and international treaties, most EU member states have found that copyright levies are the only practical means to provide ‘fair compensation’ to cover private copying.

Therefore BECS has argued that careful work is needed to see how the UK can select cases where ‘the amount of harm to rights holders that would result in ‘fair compensation’ under EU law is minimal, and hence the amount of fair compensation would be zero’.

BECS believes that this work must be properly linked with a wider review of the private copying issues to be undertaken by the European Commission.  Andy Prodger, CEO for BECS, commented: 

‘Many right holders are not against a limited private copying exception as long as the issue of fair compensation as envisaged by European copyright law is addressed.  However, BECS believes that there will be substantial, not minimal, harm to right holders, particularly to UK authors and performers, should the government attempt to argue that ‘fair compensation’ is equivalent to ‘zero compensation’ for the purposes of defining the scope of a new exception linked to private copying described as ‘format shifting’.   

‘Encouraging a licensing system that provides for authorisation of specific types of private copying within licence fees or other prices paid by a consumer, is likely to be an easier and less damaging route for BECS’ members’.

For further information about BECS’ views on this issue, please email us at becs@equity.org.uk.

Following discussion with Equity, the BECS Board agreed a change to the way in which payments for BBC programmes carried by cable and satellite companies in Ireland and Holland are allocated.

The change was applied to the 2011 distribution that took place in July.

The new policy takes into account the way in which programmes are purchased on a multiple showings basis for the digital channels BBC3, BBC4, CBeebies and CBBC, compared to the more limited repeats basis applied for programmes commissioned for initial transmission on BBC1 or BBC2.

The full revised distribution policy is shown below:

BBC Cable & Satellite Retransmission Distribution Policy for programmes picked up by cable & satellite companies in Ireland, Holland and Belgium

Relevant Programmes:

This Policy applies to approved cable relays of BBC services in Ireland, Belgium and the Netherlands.  Relays take place for:

(a)  BBC1 and BBC2 (terrestrial channels), and

(b)  BBC3, BBC4, CBeebies and CBBC (secondary BBC channels).

Programmes broadcast on the terrestrial channels and the secondary BBC channels in the territories referred to above should be taken into account for allocating payments to individual performers who give “qualifying performances”.

Qualifying Performances:

The number of "qualifying performances" should be confirmed by taking the number of performances by artists engaged under contracts incorporating Equity Agreements with the BBC or with Pact and (“Relevant Contracts”) given in television programmes relayed by cable in the relevant period to which distribution applies on the relevant channels, but ignoring repeat transmissions to the extent that they fall within an "adjusted transmission".

Adjusted Transmissions:

The number of "adjusted transmissions" for a programme should be calculated by treating:

(a) any transmissions of a programme on BBC1 within the same 24 hours as a single transmission for the purposes of allocating cable retransmission payments to that programme (and the performers in it);

(b) any transmissions of a programme on BBC2 within the same 24 hours as a single transmission for the purposes of allocating cable retransmission payments to that programme (and the performers in it); and

(c) any transmission of a programme within three months in the transmission schedule for any one of the secondary BBC Channels (either BBC3 or BBC4 or CBeebies or CBBC) as a single transmission.

Programmes given repeat transmissions outside the scope of one "adjusted transmission” should be regarded as additional performances attracting payment for performers who have been engaged under Relevant Contracts (within the adjusted transmission rules).

Performers units:

The number of “performers units” should be calculated for individual performers by allocating a minimum of 1 point to each “adjusted transmission” of a programme including a “qualifying performance”.

In addition, the number of points allocated to a performer should be adjusted to reflect the duration of a programme including a qualifying performance.  Allocation will be:

(a) 1 point per qualifying performance for each “adjusted transmission” of programmes up to 20 minutes duration;

(b) 2 points per qualifying performance for each “adjusted transmission” of programmes with a running time of more than 20 but not more than 30 minutes duration;

(c) 3 points per qualifying performance for each “adjusted transmission” of programmes with a running time of more than 30 minutes but less than 60 minutes duration; and

(d) 4 points per qualifying performance for each “adjusted transmission” of programmes with a running time of more than 60 minutes duration.

Programmes forming part of series or serials:

Each episode in a series or serial including a qualifying performance by an individual performer will be treated as a separate programme for applying the above rules for calculation of adjusted transmissions and the allocation of points.

Application from July 2011

Any outstanding payments made for relays made before 2009 will be made in accordance with the previous distribution rules approved by Equity and applied by BECS.

The above policy was approved for Equity in July 2011 and came into effect for the distribution of ex-gratia payments for BBC programmes retransmitted the relevant countries in 2009.  

Twelve years after being set up by Equity, it is fitting that BECS and Equity have agreed that the current Assistant General Secretary of Equity, Andy Prodger, should take on a full-time role as Chief Executive of BECS from 1 May 2011.

The arrangements were endorsed by Equity Council at its meeting on 15 February. Contractual arrangements have since been agreed.

Andy Prodger has been seconded by Equity to work as part-time CEO of BECS since 1 June 2008.

Since that time BECS’ distributions to members have grown very significantly.

In 2009, BECS distributed approximately £7million to audio-visual performers.  In 2010 the total distributed rose to £7.76 million.

Having joined Equity in 1998 as Opera and Dance Organiser, Andy Prodger became Assistant General Secretary of Equity in April 1999 with responsibility for Film and Television.

As such Andy has been closely connected with the work of BECS since it was established.

Jean Rogers, Chairman of BECS, and Christine Payne, General Secretary of Equity, welcomed the move.

Jean commented:  “As Chairman of BECS, I am extremely pleased that Andy Prodger has agreed to become full- time CEO of the organisation.  I know that I speak on behalf of the Board when I say he is the ideal person to strengthen and maintain the mutually beneficial relationship between BECS and Equity, which is in the interests of all audio-visual performers”.  

Christine commented:  “I am delighted that Andy will become the full-time Chief Executive Officer of BECS and that the close working relationship developed between Equity and BECS, particularly over the last two years, will be maintained.  Together we shall continue to work hard and in partnership to initiate and seek opportunities which will benefit our members now and in the future. “

Andy Prodger will take on his new role from 1 May.  Since BECS’ offices are now in Guild House, he will continue to work closely with former colleagues and will assist with handover of previous duties on a consultancy basis for five months following the move.

In December 2010 a new Independent Review of Intellectual Property and Growth was announced by the government.

The Review is to look at the economic importance of Intellectual Property, including copyright and rights of performers.

For BECS and its members, this has provided an opportunity to argue our case for the continued improvement of international recognition for the rights of audio-visual performers.

We have pointed out our concerns about the lack of economic provision for private copying within the United Kingdom.

BECS’ response also shows how BECS has been able to process and distribute a range of secondary payments for audio-visual performers totalling well over £30 million during the first 12 years of operation.

Details about the Review and the Call for Evidence can be found on the following website link:

http://www.ipo.gov.uk/ipreview.htm

You can obtain a copy of BECS’ response to the Call for Evidence by clicking here.  If for any reason you cannot access the document, please email your request to becs@equity.org.uk and we will send it to you.

BECS will continue to engage in the debate as consideration is given to all the responses provided to the Call for Evidence.

Performers’ organisations have been looking for a simple and universal way of identifying the film and TV work of their members for over a decade.  A new organisation, set up at the end of last year, will now make this possible for performers and all other contributors to the audiovisual creative process.  This organisation has launched the International Standard Name Identifier (ISNI).  The ISNI is a unique code that can be used to identify writers, artists, producers, publishers, performers and others.

The proliferation of digital formats for carrying creative content has increased the need for a global identifier across the creative industries as a whole.  The ISNI has been developed by a consortium of groups including media companies, book publishers, libraries as well as performers’ organisations. 

All those involved in the project were motivated to find a more accurate and efficient way of tracking where and when creative content is used.  The new standard is also expected to facilitate the licensing of online services and so enable the public to access more content legally.

ISNI numbers will be issued and stored on a database, which is scheduled for launch by mid-2011. The International Performer Database Association, of which BECS is a member, is a founding member of the ISNI International  Agency that will manage the system.  BECS will therefore be involved in the process of allocating the new ISNI numbers to all its members.      

For more information please contact BECS' Legal Consultant, Andrew Yeates, at ayeates@equity.org.uk.

If you would like a copy of the full press release from the ISNI International Agency please email becs@equity.org.uk.

2010 Financial Report

2010 Annual Report

BRITISH EQUITY COLLECTING SOCIETY LIMITED

Company No: 3547531

Notice is hereby given that the Twelfth Annual General Meeting of British Equity Collecting Society Limited will be held on:

Friday 10^th December 2010 at 1.30pm

in The Crush Room, The Royal Opera House, Covent Garden, WC2E 9DD

when the following business will be transacted:

1.  To receive and approve the Minutes of the Eleventh Annual General Meeting held on Friday 11th December 2009.

2. To receive and consider, and if thought fit, approve the Director’s Report and Financial Statements of the company for the year ended 30th April 2010, and the Auditor’s report thereon.

3. To consider, and if thought fit, pass a resolution that the auditors of the company, Hard Dowdy (a trading style of Chantrey Vellacott DFK LLP), be reappointed as auditors of the company, to hold office from the conclusion of the meeting until the Annual Report and Financial Statements are next laid before the Members, and that their remuneration be determined by the Directors.

By order of the Board: Tayyiba Nasser, Company Secretary

November 2010

A Member entitled to attend and vote at the meeting is entitled to appoint a proxy and, in a poll, to vote in his stead. A proxy may demand, or join in demanding, a poll.  A proxy need not be a Member of the company.

Proxy forms are sent to Members with the 2010 Annual Report and Statement of Accounts. Further copies can be obtained by telephoning 020 7670 0360 or by emailing becs@equity.org.uk.

To be effective forms must be completed, signed and returned as set out in the form by no later than 10am on Wednesday 8^th December 2010.

Please note that copies of the full financial statements, the Auditors' Report and the Directors' Report are available on request from:

The Company Secretary

BECS

Guild House

Upper St Martin's Lane

London

WC2H 9EG

British Equity Collecting Society Limited

Registered Office: Guild House, Upper St Martins Lane, London WC2H 9EG
Registered in England no 3547531

We are pleased to report that we will soon we ready to pay out this year's new media payments.   

The payments, which are negotiated under collective licence agreements by Equity with the three largest national broadcasters for services including BBC i-Player, ITV-Player and Channel 4’s 4oD, were originally scheduled to go out in September.  An unexpected delay in the receipt of programme reporting forced us to postpone distribution.  

However, the reporting problems have been resolved and payments will be going out in the next two weeks.  

Members are advised to contact BECS directly with any payment queries:

T 020 7670 0360

E becs@equity.org.uk    

Alternatively, write to us at BECS, First Floor, Guild House, Upper St Martin's Lane, London WC2H 9EG.

Or send an email to becs@equity.org.uk.

This year's non-contractual payments of revenue for performers in film and television was completed in July. 

Over £6 million in extra revenue not linked to contracts was negotiated for the 2010 distribution by Equity and BECS. 

A Payment Query line has been set up for anyone with any questions about their payments from BECS.  Contact us on 020 7670 0360.   

Please note that BECS has a new address and telephone number:

BECS, Guild House, Upper St Martin's Lane, London, WC2H 9EG

Switchboard: 020 7670 0350

The general email address remains unchanged as becs@equity.org.uk

Have you contributed to a sound recording that received radio airplay between 1996 and 2003?  If so, you need to submit a claim to PPL before 26th July for radio royalties collected for your sound recording during this period of time.   

PPL has informed us that the deadline for submitting claims for sound recordings used between 1996 and 2003 has been extended until 26th July.  After 26th July you will only be able to claim for the use of sound recordings in the previous six years.      

Here is PPL’s full notification to performers who could benefit from submitting a claim for these old monies:  

PPL had previously communicated that after 26th April 2010, any accepted claims will only receive distributions for sound recording usage within the applicable six year statutory limitation period. 

Although we have received a high volume of claims to date, following a number of requests from various members, we have decided to extend the claims deadline to allow some extra time for members to make claims relating to sound recording usage between 1996 and 2003.  We are therefore extending the deadline from 26th April to 26th July 2010.  This means that up until 26th July 2010, we will continue to accept claims under the existing discretionary policy for income relating to use of a track between 1996 and 2003. 

After 26th July 2010 any accepted claims will only receive distributions for sound recording usage within the applicable six year statutory limitation period. 

We hope that this extension of time will be of benefit to our members.

If you have any questions about this please contact PPL performer services on 0207 534 1234. 

While British performers benefit from private copying levies collected in other European countries like France and Spain, no such benefit exists at home because there is no private copying levy in the UK.  BECS is arguing for this to change in order to bring the UK into line with its European neighbours.  

BECS has responded to the latest Government consultation on changes to the scope of copyright exceptions recognised within the UK.

If new exceptions allow copies of films and sound recordings to be made ‘for research and private study’, it must be recognised that, in many EU Member States, this use is covered by the collection of private copying levies.

BECS’ members benefit from these levies since payments are collected by BECS under its agreements with foreign collecting societies.

BECS is committed to arguing for a level playing field for audiovisual performers in the UK.  This will not only benefit British performers, but also ensure that European performers finally receive some compensation for their work being copied in the UK.

You can view BECS’ response to this important consultation here.

PPL, the organisation responsible for paying out radio airplay royalties, have asked us to inform our members about an important change that is being made to their distribution policy. 

If you are a member of PPL or if you are likely to claim money for airplay royalties from PPL, please read the text from their Performer Services below as it may concern you.  

Any questions should be addressed to PPL directly – Tel: 020 7534 1234.  

PPL Policy change to bring benefits to both performers and record companies.

Up to now, PPL, has at its discretion, operated a policy of seeking to distribute monies to members relating to sound recording usage from as far back as 1996 (or in respect of record company members, from the date of joining PPL). This has previously applied even where income relates to usage falling outside the six year statutory limitation period.

With effect from July 2010, as part of our ongoing systems development programme, we are intending to change this policy so that we will only distribute income relating to sound recording usage within the applicable statutory limitation period of six years.

Up until 26 April 2010, we will continue to accept claims under the existing discretionary policy for income relating to use of a track between 1996 and 2003.  After 26 April 2010, any accepted claims will only receive distributions for sound recording usage within the applicable six year statutory limitation period. Because of this it is important that you ensure that we have all of your up-to-date details.

This change of policy will enable PPL to release previously undistributable income to its members (relating to sound recording usage between 1996 and 2003). This discretionary release of income will be carried out in accordance with guidelines to be set by the PPL Board and Performer Board.

This is a positive change that will ensure that held income is distributed within a reasonable period of time.

The PPL website is www.ppluk.com.  

Click on the link below to take you to an electronic verion of this year's annual report. 

Read about the key facts and figures behind this year's record collection of revenue for performers in British film and television productions.

Click here to read the report

This year’s Annual General Meeting will be held on Friday 11 December 2009 at 1.30pm in the Run Run Shaw Room at BAFTA, 195 Piccadilly, London W1J 9LN.

The notice showing the formal business to take place at the AGM can be viewed at the end of this article.

Invitations to the AGM and proxy forms will be sent out with copies of the 2009 Report and Statement of Accounts, which are due to reach members in the last week of November. 

With the current postal disruption in mind, members are encouraged to return proxy voting forms as quickly as possible. 

If forms are delayed in the post, members can request a proxy form to be sent to them by email. However, signed forms need to be returned in the post to reach BECS before 10am on Wednesday 9 December 2009.

Please click here to read the notice.

BECS has made over 20,000 payments and allocated approximately £7 million to performers in British film, television and radio productions in its biggest ever annual distribution. 

Due to increasing sources of revenue negotiated by Equity and managed by BECS, payments were issued in two tranches ths year for greater clarity and ease of understanding. 

The first payout in August comprised contractual payments for programmes carried between 2006 and 2008 on new media platforms launched by the BBC, ITV and Channel 4.  These payments were issued directly to the relevant contractual agents.

A second payout covering non-contractual performers' rights payments, BBC cable and satellite retransmissions to Belgium, Ireland and Holland, and BBC7 radio broadcasts is just drawing to a close.      

BECS has written to the UK Intellectual Property Office expressing concern about the current lack of recognition for the moral rights of audio-visual performers.

BECS has also argued for removal of the current UK requirement that performers who want to enforce their right to be identified must first “assert” the right (usually in contracts) before the rights has to be recognised.

The response follows the UK Intellectual Property Office calling for views on the current rules applied tomoral rights (particularly the current requirement for assertion of the right to be identified).

BECS’ response can be found here

As part of the Digital Britain initiative, in July this year the DCMS published a Consultation on the possible extension of the Public Lending Right to rights holders in books in non-print formats.

These non-print formats include audio books.

BECS has responded to the Consultation arguing in favour of the Public Lending Rightproviding for payments to be made to narrators whose performances are included inphysical copies of audio books lent by public libraries.

BECS’ response can be found here

BECS’ response was prepared following consultation with Equity.

The DCMS Consultation remains open for comments until 16 October 2009.

If you have views on the issue relevant to BECS’ response, please contact us

BECS continues to pursue options for the collection of lending revenues due to its members.

Audio-books are particularly relevant to this.

The recent Digital Britain Report included reference to the Public Lending Right (PLR).

PLR makes compensatory payments to EU authors (including writers, translators, editors and illustrators) for the free loan of their books through UK public libraries.

The scope of the primary legislation (1979) which recognises PLR currently talks only of “books” and excludes (by omission) other formats of publication such as audio books and e-books, which are becoming increasingly relevant to public libraries.

In the Digital Britain Report the Government recognised that it had received formal proposals from the All Party Parliamentary Group on Writers to make changes to the PLR Act and was willing to consider these.

As a result of this, the DCMS has now published a consultation on the extension of Public Lending Right to rights holders of books in non-print formats.

The consultation can be found by at the following link http://www.culture.gov.uk/reference_library/consultations/6283.aspx

BECS will argue the case for performers who narrate works for audio-books being included in the list of rights owners who are entitled to receive payments from PLR.

Responses to the consultation are requested by 16 October.

If you have views on this issue relevant for BECS’ response, please email becs@equity.org.uk

Background Information

A new lending right was introduced into European law by Council Directive 92/100/EC on 19 December 1992 (The Rental and Lending Directive).

The new right extended beyond books to underlying works in sound recordings including performances of works included in such recordings.

The lending right applies to non-commercial loans through an establishment which is accessible to the public (such as a public library).

The lending right was introduced into UK copyright legislation on 1^st December 1996.

Tomorrow (23 April), provides an important opportunity for Members of the European Parliament to support a compromise text on copyright term extension for some performers.

The text also paves the way for extension of rights in audio-visual performances.

It provides for an assessment on the impact on any extension for
actors and other audio-visual performers to be carried out, and for a
report on this to be prepared by January 2010.

BECS has worked closely with Equity, the International Federation of Actors (FIA) and AEPO-ARTIS to push the case for the rights of audio-visual performers to be properly considered.

All UK MEPs have been urged to support the compromise text in the vote tomorrow.

The latest FIA-FIM-GIART statement of 16 April can be seen by clicking here

The AEPO-ARITS statement issued in 20 April can be seen by clicking here

BECS responds to latest government call for comments on the future of copyright.

On 16 December, David Lammy, Minister for Higher Education and Intellectual Property, launched a wide-ranging consultation by the Intellectual Property Office on the future shape of copyright.

The new consultation aims “to ensure that the copyright system properly supports creativity, promotes investment and jobs while also inspiring the confidence of businesses and of users (as being fair and reasonable)”.

An 'Issues Paper' was been published on the Intellectual Property Office website to help start this debate. A copy of the paper can be found at: http://www.ipo.gov.uk/pro-types/pro-copy/c-policy.htm

This initial period of consultation was announced to run until February 2009.

BECS has used the opportunity to highlight three areas where UK audio-visual performers need particular assistance to ensure that recognised rights are sufficiently rewarded :-

(a) measures to ensure that equitable remuneration is paid for exercise of rental rights that have been transferred to a producer;

(b) measures to provide for payments for the lending of audio-books and other audio-visual works within a review of the public lending right;

(c) measures to ensure that fair compensation is paid to audio-visual performers from the private copying of their work.

Click for a full copy of BECS response to the consultation

Click for a copy of Appendix 1

Click for a copy of Appendix 2

Click for a copy of Appendix 3

The initial paper is to be followed by a 'Discussion Paper' to be published by the Intellectual Property Office later in the year.

BECS will be involved in the series of meetings and events that are being arranged by the Intellectual Property Office to enable interested parties to debate the key issues and possible solutions.

We continue to work to ensure that the voice of BECS members is heard in this debate.

BECS held its 10th Annual General Meeting at Guild House on Friday 12th December. The AGM was well attended, and members joined staff for refreshments following the meeting. In addition to the more usual business, the members were asked to approve adoption of new Articles of Association which reflected both new provisions of the Companies Act 2006 and changes which would allow the composition of the Board of Management to be increased from the previous maximum of 10 to 12. Following debate over implications of the changes, a Special Resolution was passed “That the Articles of Association of the Company produced to the meeting and marked “A” for the purpose of identification be adopted as the Articles of Association of the Company in substitution for, and to the exclusion of, the existing Articles of Association of the Company”. Please click here to download the new Articles

The European Commission has published a proposal to extend the duration of protection for performers whose performance is “fixed” in sound recordings

The Proposal currently ignores audiovisual performers’ rights.

BECS and Equity are therefore arguing the case for all performers to be treated equally.

Click here to see why it is important for audiovisual performers to make their views known now.

Please contact your Member of the European Parliament to show them that you are aware of the BECS/Equity case and encourage them to support the extension of the term of protection for all performers.

You can check who to write to or e-mail to by visiting: http://www.europarl.org.uk/uk_meps/MembersMain.htm

For further background or information please contact either Andy Prodger or Andrew Yeates at BECS
 Click here to contact BECS

The European Commission has issued draft proposals to extend the term of protection for performers whose performances are recorded in commercial sound recordings from 50 years to 95 years. But the draft proposals suggest leaving the term of protection for a performance recorded for film or video at 50 years.

BECS is arguing that this is discriminatory and unfair. BECS would like to see the term of protection for all performers extended to 95 years. This would mean that rights run throughout the lifetime of nearly all artists. Click the article link below to access more information about BECS arguments and why BECS believes that changes to the term of protection for performers' rights matters for all performers. If you would like further background about this topic please contact either Andrew Yeates or Andy Prodger here at BECS.

BECS response to the UK Intellectual Property Office Consultation

Equity response to the UK Intellectual Property Office Consultation

The last year has been one of the busiest periods for BECS. It has been marked by more internal developments and the coming on board of more new projects than ever before.

Statement from Equity and British Equity Collecting Society November 2007 Performers’ Rights in European Legislation.

Equity approves new BECS distribution policy for BBC simultaneous cable retransmission revenue (BBC SCR Revenue).

The British Equity Collecting Society (“BECS” or "we", “us” or “our” as the context permits) practices a firm commitment to privacy. The following discloses our information gathering and dissemination practices for our operations. This statement may be updated from time to time, so please check back periodically.

BECS takes the privacy of its members extremely seriously. Your personal data is held securely and is only accessible to authorised personnel.

BECS Privacy Policy sets out the way in which personal data may be held and used in BECS providing its services. The Policy will be posted on BECS website and may be updated from time to time.