Playwrights in the UK are to gain landmark new terms for the digital exploitation of their work, following a deal struck between WGGB, Scottish Society of Playwrights (SSP) and UK Theatre.
The successful negotiations come in the wake of an explosion in streaming and other forms of online delivery of plays during and following the Covid pandemic.
The new terms, which apply to all playwrights commissioned under WGGB’s UK Theatre Agreement, come into effect from 1 January 2025. They form an addendum to the agreement, and will be implemented for an initial trial period of 12 months.
You can view a summary of the new terms below (and the addendum here).
WGGB General Secretary Ellie Peers said:
“We welcome the new opportunities for audiences afforded by the digital delivery of stage plays, however it is imperative that these developments do not lead to an erosion of the long-fought-for rights of playwrights, who in the UK enjoy unprecedented protections due to the work of WGGB in negotiating agreements with the major theatres and management bodies over many years. I am therefore delighted that we have reached this landmark deal with UK Theatre, to afford similar protections on pay, royalties, credits, textual integrity and more, to playwrights working in the digital age.”
David Edgar, award-winning playwright and former President of the WGGB, who has led on the negotiations of the new agreement said:
“For the first time, British writers have a collective agreement on digital delivery of stage plays which applies throughout the subsidised building-based theatre sector. Our agreement with UK Theatre expands our long-standing agreement on terms and conditions for stage plays to cover new forms of delivery, which expanded greatly during lockdown and since.
“The new agreement establishes that writers will receive a separate licence and payment for the streaming of their work, that streaming is strictly limited in time, and that writers will be properly consulted about the recording and editing of their work. While most writers welcome digital delivery of their work, this new agreement protects those who don’t, and limits streaming to protect future productions on stage and in other media. It’s been a long negotiation, but we’re delighted that it’s been concluded so successfully.”
Summary of the new terms on digital delivery, which apply to playwrights commissioned under WGGB’s UK Theatre Agreement for an initial 12-month trial period
- WGGB and UK Theatre confirm their commitment to live theatre and do not intend digital delivery of live performances to impact on the writing of new work specifically for theatre.
- Digital rights in the play are granted as a licence by the playwright, under timings set out in the agreement. Under normal circumstances, the writer will not be obliged to agree to delivery of their play until the play is accepted for production and the creative team confirmed.
- The licence grants the right of a recording to be made of a live performance of the play and for the broadcast of the recording to be made by way of a livestream “contemporaneously” with the presentation of the play or by way of a subsequent “as live” broadcast to an audience of unlimited territory but limited by capacity to the equivalent of 100% of the capacity of each theatre in which the play is presented for the run of the play.
- The licence covers the term of the play’s entire run plus one week immediately afterwards.
- The audience will be charged a fee for access to the recording, except in the case of broadcasts to vulnerable audiences and audiences in care and/or educational settings (with some exclusions for the latter).
- The writer will be paid a licence fee of 5% of their total fee for the play (which is broken down into three phases: commission, delivery and acceptance). The writer will also receive a royalty of 8% of the net sales of the recording (with 50% of the licence fee being recoupable from the royalty). Separate licence fees apply to sale of the recording in international territories where a higher licence fee of 10% is applied.
- A three-month extension of the licence can be mutually agreed, with a further licence fee of 5-10% applicable, depending on territory.
- Following the expiry of the licence, there should be no subsequent use of the recording without the agreement of the writer, with the exception of archive purposes for organisations involved in the provision of assisted performances of the play. The licence does NOT cover film or television rights in the original play – and terms of subsequent use must be negotiated with the writer.
- The writer is entitled to review and provide notes in respect of an edit of the recording within 48 hours of the writer’s receipt of the edit. If, however, editing materially alters the play then the writer must be consulted within an agreed timeframe.
- The agreement also sets out terms for opening and closing credits; mitigations against illegal downloading; ticketing and music clearances.
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