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Can an ident be abandoned?

(May 2018)

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:-(
A former member
What about these ones?
HA
harshy Founding member


And ofc, the BBC2 Crystal Ball ident only lasted a few weeks.


That wasn’t because of a copyright issue though, it was because it was felt that the ‘2’ wasn’t ever seen on screen for long enough.
https://www.youtube.com/watch?v=7dzptQDfjBg

What a wonderful ident that Crystal Ball is.
CA
Cavan
Alot of the Oneness idents seem to have been abandoned. Swimmers, Exercise Class and Birdwatchers haven't been seen for ages, and I haven't seen Tandem Cyclists one for months so assuming it's gone as well. Pity they can't all go away.

Sea Swimmers, Birdwatchers and Tandem Cyclists are still in regular use in NI and the English Regions.
:-(
A former member
Unlucky scotland seems to have dumped those ones. Scotland seems to like bog swimmers...
IS
Inspector Sands
What about these ones?

Er, yes what about them?
KE
kernow
What about these ones?

Er, yes what about them?



They were never broadcast were they?

The video dates them to 1996. It's such a shame they were never used, as they're so much better than the circles packages which ended up being used at the time.
Last edited by kernow on 4 May 2018 4:41pm
NA
Nathan
What about these ones?

Er, yes what about them?



They were never broadcast were they?

The video dates them to 1996. It's such a shame they were never used, as they're so much better than the circles packages which ended up being used at the time.

These were broadcast - they were ultimately used during children's programming. I have recordings of Sesame Street which feature these stings before ad breaks.
TG
Tim Goodwin1


And ofc, the BBC2 Crystal Ball ident only lasted a few weeks.


That wasn’t because of a copyright issue though, it was because it was felt that the ‘2’ wasn’t ever seen on screen for long enough.
https://www.youtube.com/watch?v=7dzptQDfjBg


That reason seems legit but I recall it down to being too similar to the bbc 1 globe at the time which in turn was the same post 1997 with the bbc 2 balloon ident which was dropped as bbc one launched their hot air balloon package to stop one and two idents on the beeb being touch the same
RI
Riaz
A British satellite TV company A ceases broadcasting (so it no longer has use for its idents and promos) but continues as a supplier of programmes from its back catalogue to other TV channels.

It moves to another premises and leaves the tapes of its idents in a closet of its old premises that are sold to company B which is not a TV company. No details of the tapes are included in the sales paperwork so the tapes are effectively abandoned / forgotten.

A foreign TV company C takes over company A for its back catalogue. Company A is liquidated and the tapes of its back catalogue later leave Britain. New digital copies of the programmes are created and the old tapes are destroyed. Company C rebrands programmes by changing endcaps etc. to eliminate all identity of company A. The paperwork is also updated to remove references to company A as it no longer exists.

Company C goes bust and it sells off its back catalogue of programmes on a piecemeal basis. The back catalogue of company A is now split up and owned by several organisations, most of which have little knowledge of company A.

Company B sells their premises to company D, which is also not a TV company. During refurbishment the tapes of the idents from company A are found in a closet.

Who exactly has the rights to them?
NG
noggin Founding member
Riaz posted:
A British satellite TV company A ceases broadcasting (so it no longer has use for its idents and promos) but continues as a supplier of programmes from its back catalogue to other TV channels.

It moves to another premises and leaves the tapes of its idents in a closet of its old premises that are sold to company B which is not a TV company. No details of the tapes are included in the sales paperwork so the tapes are effectively abandoned / forgotten.

A foreign TV company C takes over company A for its back catalogue. Company A is liquidated and the tapes of its back catalogue later leave Britain. New digital copies of the programmes are created and the old tapes are destroyed. Company C rebrands programmes by changing endcaps etc. to eliminate all identity of company A. The paperwork is also updated to remove references to company A as it no longer exists.

Company C goes bust and it sells off its back catalogue of programmes on a piecemeal basis. The back catalogue of company A is now split up and owned by several organisations, most of which have little knowledge of company A.

Company B sells their premises to company D, which is also not a TV company. During refurbishment the tapes of the idents from company A are found in a closet.

Who exactly has the rights to them?


I'm pretty certain that Company B and Company D have no rights even if they physically have possession of media. Ownership of media doesn't confer rights to the intellectual property contained on the media. Nor do items left in a building become the property of the building owner automatically under UK law AIUI.

Company C's status would be key, though you may end up in a situation where no surviving entity can claim the rights. These would potentially be Orphan works? That would then allow Company D, who have the physical copies of the content, to apply to license them?

https://www.gov.uk/guidance/copyright-orphan-works

However I suspect this is tricky if people who have a stake in the original work (actors, writers, directors etc.) who could reasonably expect recompense aren't easy to draw up an agreement with? You might be able to set-up a fund to pay them on an 'await claim' basis, though it looks as if the Orphan Work licensing may allow for this already?
RI
Riaz
Company C's status would be key, though you may end up in a situation where no surviving entity can claim the rights. These would potentially be Orphan works? That would then allow Company D, who have the physical copies of the content, to apply to license them?


What about a company that has the rights to the name and logo of company A? Lets say that company E buys a few programmes from company C that also includes a programme by company A and the right to the name and logo of company A is sold along with it.
RI
Richard
You get some odd situations when film rights that used to belong to one company end up with another. MGM put updated versions of the “Leo the Lion” logo on films which had an older version, or had a United Artists logo.

Some films which were made by MGM but end up being bought by other studios have the old MGM logos intact.

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