NZ On Air is seeking feedback on a discussion paper [PDF] considering online access for publicly funded content.

Introduction:

NZ On Air is seeking feedback on a discussion paper [PDF] considering online access for publicly funded content.

Introduction:

1. NZ On Air’s Digital Strategy, published in June 2012, has three aims:

Diverse NZ content is discovered, enjoyed and valued by audiences through multiple channels

• Multiple channels for funded content
• Enhanced options for content discovery
• Funded digital media for targeted audiences

2. One of these aims is to ensure publicly funded content is available on multiple channels. As audiences fragment with the increase in media channel options, a first broadcast will mostly reach fewer people than may have previously been the case. Subsequent viewing of publicly funded content needs to be easily accessible.

3. As a first step, to maximise value and audience reach, NZ On Air wants all funded content initially to play on at least two channels. This is already largely achieved by free to air broadcast and consequent uploading to an on-demand site.

4. As a second step, the strategy also envisages that publicly funded content will have at least one permanent and accessible home online when initial rights expire.

5. NZ On Air does not take rights to funded content (apart from a temporary right to secure delivery in cases of funding over one million dollars). Contracts with producers typically reflect the rights negotiated between the producer and the broadcaster. It is only in the rare cases where NZ On Air provides 100% funding that expectations are placed on the producer to make content available to other free to air broadcasters and NZ On Screen. A window of 12 months was established in 2009 in order to make a fullyfunded programme available to a broader audience while topical, yet not overly impinging on the rights of producers to exploit their intellectual property.

6. Broadcasters pay licence fees to secure exclusive screening rights for a period. Most also take online rights through all or some of the licence period. Some producers are relaxed about this, particularly for projects with more cultural than commercial value. In these cases the value of a programme is mainly in its domestic screening, and the potential for meaningful sales income is relatively low.

7. For other programmes which have good sales potential (eg drama) producers are more conservative about online rights, fearing online availability will threaten overseas, payper-view and DVD sales. Sales agreements normally require exclusive rights in defined territories.

8. The main issue is finding the right balance between public access for publicly-funded content, respect for the intellectual property rights of content creators, and the rights purchased by commissioning broadcasters. Neither of the latter two parties should be presented with strong disincentives to create or invest.

9. This paper outlines the current situation with regard to rights for television programming, considers how the position of the taxpayer and audience could be evaluated, and explores an option for potential change.

• NZ On Air is seeking feedback from broadcasters and the production industry on the ideas for change set out in section E of this paper. They welcome alternative or additional proposals for enhancing online public access to funded content. Feedback is due by 31 January 2013.

Read the full paper [PDF 570.34 KB]

NZ On Air