3. Media Production
3. Media Production
SECTION THREE ~ MEDIA PRODUCTION
A Member wishing to produce a program using CCTV's resources for distribution by CCTV must complete or “test out” (See Section Four ~ Certification for further details) of the required training courses, and submit and have approved a Production Contract prior to their first reservation of facilities. Please allow up to 3 business days for review and approval of Production Contracts.
All Members must agree to abide by all CCTV policies regarding program ownership, distribution, and subsequent generation of revenues. A signed statement to this effect is required as a part of the membership application process.
Unless other arrangements are made, CCTV reserves the right to premiere any program produced using CCTV’s equipment or facilities on CCTV’s distribution platforms. CCTV may retain a copy of any program (except those for which Commercial Rates were charged) produced using CCTV’s equipment or facilities for unlimited distribution or for promotional purposes. CCTV retains no rights to programming for which commercial rates were paid in the use of CCTV’s production facilities and equipment. Original media will be returned to its owner upon completion of its scheduled programming.
There are two tiers of costs related to equipment and facility use. The applicable tier will be established by staff upon approval of the Production Contract.
Tier One: Free Facility Use
Members producing programming intended primarily for distribution by CCTV shall receive a predetermined amount of free facility use (see Section Five ~ B. Equipment Uses by Production Type). Free use of facilities and equipment is also extended to Organizational Members producing programming for distribution on CCTV’s platforms, when the only compensation the individual receives is their salary (not including contractors working on specific grants). CCTV Members or Organizational Members may not receive free use of equipment or facilities if the program has commercial intent or if payment in any form is intended, or will be received at a later date, for the program.
Any proposal or application for funding that specifically names CCTV as a participant must be approved in advance. Otherwise, CCTV is not responsible for situations in which assumptions regarding use of CCTV's facilities are made.
Tier Two: Commercial Rate Facility Use
If any form of payment is being received for the production of a program, or a program is not intended for distribution on CCTV’s platforms, the commercial rate will be charged, on an hourly or daily basis, for the use of CCTV’s facilities and equipment.
Members producing programming of a non-commercial nature who are receiving funding from grants, donations, sponsorships, etc, or Organizational Members producing programming as an extension of their operations may be eligible for a discounted rate for equipment and facility use. To be eligible for the discounted rate, programming must be submitted for distribution to CCTV.
The standard discounted rate is 20% of the Commercial Rate, but may be adjusted at the discretion of CCTV staff.
Members and Affiliates may rent equipment and facilities at the commercial rate. A rate card is available for all equipment and facilities rentals.
Any program produced at a free or discounted rate that generates funding in the future or compensation by way of festivals, grant applications, contests, or sale may be charged retroactively at a rate to be determined by CCTV’s staff. CCTV Members who are transferring 100% ownership of a program produced with CCTV equipment or facilities are also required to pay the commercial rate for equipment and facility use for the production of the program, even if no payment from the transfer of ownership will be received (see Section Three ~ E. Ownership).
B. Production Groups
Production groups may be arranged by CCTV staff or by Members. These groups provide a structure for Members to work together to produce content for CCTV distribution. One Member from the production group may be designated to submit a Production Contract for the group. Equipment and facility use by Members of the group is subject to the same allowances provided any production (see Section 5 ~ Equipment Resources).
C. Significant Non-CCTV Use
Members producing programs with significant non-CCTV use are not guaranteed free use of facilities. Examples of significant non-CCTV use include: a program kept at the library of another institution; a program used as a submission for a grant or as a pilot for a non-CCTV project; a program produced for broadcast on commercial channels; or sample reels produced for potential employment.
If there is significant non-CCTV use, the program may be evaluated and assessed equipment and facility rental charges.
D. Unfinished Programs
Members with outstanding Production Contracts, for which equipment and/or facilities have been used, are not guaranteed the approval of additional Production Contracts. A maximum of up to three months additional time beyond a contract’s due date will be permitted, at the discretion of the staff. In the event that a Member does not finish their program, they shall be assessed and billed for equipment and facility use at the discounted rate.
Members may not originate contracts that have a completion date beyond 12 months.
The Member listed on the Production Contract as the owner of the program is responsible for the content and distribution of the program. It is the Member’s responsibility to file an amended Production Contract if there are any changes in the ownership, copyright, or distribution of the program.
The following are general guidelines in the event that an entity or individual other than the Member is listed on the Program Production contract as co-owner, or owner, or if there is a change in the ownership:
Transferring Ownership to a Member
The Member may list or transfer up to 100% of their ownership, copyright, or distribution rights to any CCTV Member or Organizational Member and not be liable for reimbursement to CCTV. The Member accepting ownership of the program agrees to all CCTV policies regarding payment for equipment and facility use. If funds less than $5,000 for a single program or $7,500 for a series program are involved as part of the transfer or future income is generated from the program, CCTV shall be reimbursed at the discounted rate for equipment and facilities used. If funds over $5,000 for a single program or $7,500 for a series program are involved as part of the transfer or future income generated from the program, CCTV shall be reimbursed at the commercial rate for equipment and facilities used. Payment shall be in a lump sum and not as a percentage of revenues.
Transferring Ownership to a Non-Member
The Member may list or transfer full or partial ownership, copyright, or distribution rights of their program to any non-member. If the program is a co-production with another access center or nonprofit video production facility, the ownership, copyright, or distribution rights may be shared on a pro-rata basis, at a figure to be determined based on the dollar value of equipment use at the commercial rate at CCTV. For example, if $10,000 of equipment was used, and only $6,000 was from CCTV, no more than 40% of ownership may be transferred. If more than the pro-rata percentage or more than 49% is transferred, with or without payment, CCTV shall be reimbursed and the Member may be charged at the discounted rate. If gross revenues exceed $5,000 for a single program or $7,500 for a series program, or 100% ownership is transferred, payment for equipment and facilities use shall be at the commercial rate. Payment shall be in a lump sum and not as a percentage of revenues.
F. Sponsorship, Underwriting, and Credits
1. Commercial advertising is prohibited from distribution by CCTV. In accordance with an agreement between CCTV and the cable provider, commercials are allowed on Channel 96 for foreign language programming only. Members using CCTV equipment and facilities for the production of commercials will be charged the commercial rate.
Producers and distributors of programming are encouraged to find sponsors for their programs, provided that such sponsorship does not constitute commercial use of CCTV’s distribution outlets. Commercial use includes the promotion or the sale of products or services made available by persons, corporations or institutions. This includes sponsorship by an entity that may have a commercial interest in the subject of the program. Sponsors may be identified as providing grants or contributions to defray the cost of the program. For example, the following is acceptable: "This program has been made possible with the support of .……" The visual appearance may include the symbol or moving image of the logo of the entity. CCTV staff, in advance of scheduling the applicable program, must approve all underwriting credits (See Section Three ~ Costs for further details, regarding costs, apply to underwriting and sponsorships).
2. CCTV may solicit and will accept sponsorships of CCTV distribution outlets, as well as underwriting of specific programs.
3. All programs using CCTV facilities, resources, or equipment must include the following in the credits: “This program was produced using resources provided by Cambridge Community Television (not the initials CCTV).” The format is at the discretion of the Member, however the credit must be legible and displayed long enough to be read.
G. Programming/Production By CCTV
When CCTV produces programming, the organization is responsible for the content and holds the copyright. If CCTV is working in collaboration with another organization or with an individual, the control over content and copyright is shared. CCTV may solicit underwriting or sponsorship for these programs.
CCTV may acquire programming for its distribution platforms at staff discretion. Programs will be selected on the basis of free or low-cost availability, timeliness, promoting a programming theme, or filling in programming gaps.
H. Interpretation and Appeals
All appeals of staff decisions in this section shall be heard by the Committee of the Board of Directors that is so charged with this responsibility.