On the basis that RTÉ provides all or the majority of the production funding, the basic deal terms in respect of commissioned programmes are as follows:
(i ) RTÉ will be assigned the copyright in the Programme in
perpetuity throughout the world.
(ii ) This assignment includes all television, video rights,
interactive rights, internet rights and ancillary rights such as
tie-in publishing rights and soundtrack album rights etc.
(iii) RTÉ will be entitled to unlimited broadcasts of the Programme
on RTÉ television services for 5 years. An additional fee will
be paid to Producers in respect of any television broadcasts
of the Programme on RTÉ services taking place at any time
after 5 years from the date of first broadcast of the last
episode of the Programme on RTÉ services. The repeat fee
will be in accordance with the fees paid by RTÉ at the time of
the repeat in respect of acquired programmes of similar
quality to the Programme. In the event the Producer and
RTÉ are unable to agree the fee then RTÉ will be entitled to
make the broadcast but the matter of the amount of the fee
will be referred to arbitration.
(iv) Any world television distribution revenues will be divided as
follows (such distribution to be handled by RTÉ unless
otherwise agreed): first, distribution fees of 30% and
distribution costs will be deducted, second, balance is
divided 30% to the Independent Producer and 70% to RTÉ.
(v ) The arrangements and revenue splits in respect of video,
publishing, soundtrack and SMS exploitation are agreed on a
case by case basis.
(vi) As publisher of the programme, RTÉ will have final editorial
control over the Programme.
(vi) The situation with regard to music clearances in respect of
commissioned programmes is as follows: MCPS / PPI / IMRO
rights are cleared under RTÉ's blanket agreements for the
purposes of the television broadcast of the Programme on
RTÉ television services.