Seems like a good day for a reminder of how quick studios are to screw over writers. In 1999, NBC moved a series from their regular network to Sci Fi Channel. My pay went from $240,000 to $0. Because my contract paid "per broadcast episode" instead of just "per episode."
The series ran. I just got nothing.
(2/n)
...You need to read it to the end (**= "check"; ♧♧= does not square):
"A broadcast is a copyright work which is electronic transmission of visual images, sounds or other information which is *transmitted* for *simultaneous* *reception* by *members of the public* and is capable of being *lawfully received* by them ♧or is transmitted at a time determined solely by the person making the presentation to members of the public♧.
A broadcast copyright..."
(3/n)
"...work does not, however, include ♧any internet transmission♧ unless ♧it is a transmission taking place simultaneously on the internet and by other means, a concurrent transmission of a live event♧, *or a transmission* of *recorded moving images or sounds* forming part of a *programme service..."
(4/n)
"...offered by the person responsible for making the transmission, being a service in which programmes* are transmitted at ♧scheduled times determined by that person♧.
Copyright, Designs and Patents Act 1988, s. 6"
https://www.lexisnexis.co.uk/legal/glossary/broadcast
So, if you has been in the #UK after 1988, it seems that by that definition you'd have lucked out when the technology changed from #NVOD to #VOD, b/c...
(5/n)
...then users decided exactly when to watch the show. 😞
US law seems to be outdated in contrast, if this is the whole story:
"#Broadcasting #Law and #Legal Definition
Pursuant to 47 #USCS § 153 (6), [Title 47. Telegraphs, Telephones, and Radiotelegraphs; Chapter 5. #Wire or Radio #Communication; General Provisions] the term #broadcasting means “the dissemination of radio communications intended to be received by the public, directly or by the..."
(6/n)
"...#intermediary of relay #stations.”
https://definitions.uslegal.com/b/broadcasting/
However, there is an Addendum for the #internet:
"#Broadcast #Simulcast Law and Legal Definition
According to 37 #CFR 262.2 [Title 37 Patents, #Trademarks, and #Copyrights; Chapter II #CopyrightOffice, Library of Congress; Subchapter B Copyright Arbitration #Royalty Panel Rules and Procedures; Part 262 Rates and.."
(7/n)
"...Terms for Certain Eligible Nonsubscription #Transmissions, New #SubscriptionServices and the Making of Ephemeral Reproductions], *#Broadcast* #Simulcast means
(1) A simultaneous #Internet #transmission *or retransmission of an over-the-air terrestrial AM or FM radio broadcast* >this would IMO apply for re-tuns of previously #broadcast episodes ;)], including one with previously..."
(8/n)
"...broadcast programming substituted for #programming for which requisite #licenses or clearances to transmit over the Internet have not been obtained [Did your contract even include "new means of transmission, i. e. The #internet; usually, all uses must be explicitly granted] and one with substitute advertisements, and
(2) An #InternetTransmission in accordance with 17 U.S.C. 114(d)(2)(C)(iii) of an archived #program, which program was..."
(9/n)
"...previously #broadcast over-the-air by a #terrestrial #AM or #FM broadcast #radio #station, in either case whether such #Internet #transmission or #retransmission is made by the owner and operator of the AM or FM radio station that makes the broadcast or by a third party."
https://definitions.uslegal.com/b/broadcast-simulcast/
Given that you lost 240k per year, you probably had lawyers look into this but given the fortune you have been losing, and..
(10/10)
...you are probably not the only one (in some countries "standardized contracts" intended to repeatedly put the smaller party in a unfavorable position are null and void) you might give it a second try?
Mark Sumner
HistoPol (#HP) 🏴 🇺🇸 🏴