Creative Rights Partnership (2012)

I'm delighted that Directors UK has found a way of working with the BBC to allow directors today the same creative rights. I hope the rest of the industry will follow their lead.

The Creative Rights partnership is great news for the industry as a whole. For directors to deliver the best work for our audiences we need to be given creative freedom and responsibility. For too long the creative role of the director has been eroded and this is something we at Directors UK were keen to see corrected. Drawing up the creative rights statements with the BBC is a huge step forward and I commend the BBC for recognising the central role directors play in delivering quality in all programmes. My career has been shaped by the support and creative scope I was given as a young television director. I'm delighted that Directors UK has found a way of working with the BBC to allow directors today the same creative rights. I hope the rest of the industry will follow their lead.

Paul Greengrass, Directors UK President

What is the Creative Rights Partnership with the BBC?

Directors UK and the BBC have agreed detailed and comprehensive rights and responsibilities for directors working on BBC in-house productions.

Details of the partnership have been outlined in two documents called ‘Joint Statements’ – one for drama and one for factual – these set out the agreed roles and responsibilities for directors. Click below to read them.

Directors UK and the BBC will also cooperate on a number of initiatives to support the career skills and talent development of directors.

The Partnership will also mean regular, high-level interaction between the BBC and Directors UK on major strategic issues including Delivering Quality First, programme strategy, talent development, compliance and diversity in commissioning.

Creative Rights and ITV

Negotiations with ITV to establish a similar Creative Rights Partnership began in late 2012 and are in progress with a number of positive meetings already held between Directors UK, leading members, and ITV Studios executives.

What does the Creative Rights Partnership mean for directors?

It is a crucial restatement of directors’ rights and responsibilities.

It redefines the relationship between directors and the BBC, recognising the central role of the director on a production, and putting directors back at the heart of programme-making.

The documents offer clear statements about what a director can expect when working on a BBC in-house programmes and what is expected of them.

These are to be implemented as part of all BBC in-house drama and non-fiction productions going forwards.

More generally it reinforces the concept that directors are vital to the creative and financial success of a production and act as creative leaders.

It provides a platform for Directors UK and the BBC to tackle and resolve other vital issues such as directors' pay.

What do the ‘Creative Rights’ cover?

The documents cover various aspects of the directors’ role including:

• Affirming the director’s copyright in their programmes.
• Setting out the requirement for advance disclosure and consultation on key creative elements and key production information – budgets, schedules, key personnel, scripts and casting (for fiction), contributors (for factual) – to ensure the director is sufficiently well-briefed to understand the commission and lead the team in delivering it.
• For drama directors it sets out agreed minimum durations for pre-production periods and receipt of scripts.
• For directors to be consulted on any changes to the schedule and to be able to propose changes.
• Setting out the directors’ rights and responsibilities through all the stages of production and post-production, including the exclusive right to make an uninterrupted first cut.
• For drama directors it recognises that the director controls the set on shoots, all notes are to be given through the director.
• Options for the director to create re-versions and re-edits.
• Options for the director of pilots/first series to direct further series. For factual directors it also makes provision for recognition of directors involved in creating format points in the first of a series of formatted programmes.
• For factual directors it also addresses the issue of extra payment for directors performing substantial additional roles.
• Rights to programme credits.

What about directors’ pay?

Directors UK is actively campaigning to improve directors pay across all genres. You can find out more information about our Pay Campaign here.

Why is it important to have a Creative Rights Partnership?

• Creative leaders have a vital role as innovators generating new content, and are key to achieving success for broadcasters and content producers. It benefits broadcasters and producers to become places that attract the best directing talent.
• Directors are critical to decisions about spending on screen. A director who is properly supported during a production will be able to deliver a better end product.
• Empower the director and you can get higher quality for your money.
• The Creative Rights Partnership aims to give back to directors the confidence, recognition and support they need to lead productions successfully.
• Some of the issues the Creative Rights Partnership will help to address include:
• Fair rewards and respect for rights will incentivise directors to produce better work and encourage them to remain committed to creating the best work for British producers and broadcasters.
• Restoration of the authority of the director will give productions a clearer creative vision and direction.
• The directors are in a key position to improve the efficiency of productions

How will it be enforced?

A ground-breaking new arrangement like this is bound to take a little time to bed in. While we expect the BBC and its executives to act in the letter and spirit of the Partnership, there may be times when this does not happen. It is vital that both Directors UK and the BBC do our utmost to make this Partnership work effectively in all our interests.

Directors UK is not a large organisation, so we need the help of all directors to inform us if the new Partnership is not working as it should.

If you feel that you are not being treated in accordance with the Creative Rights Partnership documents you can raise your concerns directly with your point of contact at the BBC, or you can contact Directors UK who will follow this up on their behalf with designated senior BBC executives.

We will be reviewing the operation of the Partnership with the BBC to ensure it remains effective and fit for purpose.

What other issues will you be looking at next?

The Creative Rights partnership creates the platform for a much deeper dialogue with the BBC and the start of a new relationship with them to discuss issues on behalf of directors.

Our first priority was to address the creative issues affecting the role of a director working on productions, impacting their ability to do their job – i.e. the creative rights.

The establishment of a partnership means we can discuss other major strategic issues e.g. talent development, DQF, programme strategy, diversity.

In Factual productions this will also mean reviewing the extent to which directors are being required to carry out additional notes when no extra fee is offered.

What shall I do if I believe my Creative Rights are being compromised? 

If you do not believe your Creative Rights are being properly upheld as according to the documents below, we want to hear from you. Please contact the office at [email protected], or call on 020 7240 0009.

The Creative Rights Partnership is not just important, it is fundamental and marks a sea change in our position at work at every level and grade.

We have all been there: late scripts, unrealistic budgets, close to impossible schedules. We have all felt that sense of being put in an impossible position and then having to take the blame when the end product isn’t all that it promised to be. And we all know that in a highly competitive industry our strike rate is everything.

I got involved in Directors UK and the Creative Rights negotiation in particular because I felt the situation for directors had become critical. Talent was being abused and, importantly, what should have been good work turned out to be average.

Two and a half years later we have an agreement that goes a long towards changing that. For the first time we have with the BBC – and in time will roll it out across TV generally – a simple and clear way of defining what is expected of us and what is expected of our employers. It will make a difference both to us, and the quality of the work we make.

It is, obviously, an exciting document but it will only be as good or as useful as we make it. It requires directors right across the industry to work with Directors UK in ensuring that it is properly adopted. The Creative Rights Partnership is not just important, it is fundamental and marks a sea change in our position at work at every level and grade.
Paul Unwin, Directors UK Board Member