a) You grant to GNM the right on an exclusive and worldwide basis for the period of copyright (and all extensions, revivals, reversions and renewals thereof) to dispose of, sell, transfer, assign, rent, lease, license, use, exploit, furnish or otherwise turn a profit in connection with the development, production or any other exploitation of a theatrical motion picture or television production based upon your Contribution, as well as sequel, prequel, and remake rights, and all allied or ancillary rights, throughout the world, in any and all media now or hereafter known (including, without limitation, theatrically, non-theatrically, on all forms of television, non-television platforms, portable media, download to own, streaming, internet and on all forms of video).
b) GNM shall contact you with a proposal of commercial terms within thirty (30) days of receipt of an offer related to such exploitation from third parties that GNM and/or its agents have procured and approved; further, you undertake at GNM’s expense to do and/or procure all things as GNM may require (including, without limitation, the execution of all deeds and documents) to enable the exercise of the rights under a) above by GNM or its nominee(s) absolutely and/or protecting and enforcing such right.
c) Subject to written request from you sent to GNM c/o rights@theguardian.com, and absent:
i) any other agreement(s) between you and GNM in relation to the rights under a) above; or
ii) anticipated or continuing active third party interest in and/or pursuit of your Contribution; or
iii) commencement of Development as defined below,
upon expiration of a period of three (3) years following the publication date of your Contribution the licences and related rights herein granted to GNM under a) above shall revert to You, and GNM shall have no further rights to continue the promotion, development, production or any other exploitation of a theatrical motion picture or television production based upon your Contribution.
d) “Development” shall mean undertaking by GNM or its appointed agents of meaningful development activities in connection with any of the rights acquired hereunder, including, without limitation, the negotiation and consummation of agreements relating to your Contribution, the preparation and submission of treatments or other writings (for example detailed written creative format and outline) based on your Contribution, appointment of key personnel, estimated schedule and budgets for pre-production and production, casting, demo reel indicating potential “look and feel” of the potential production based on your Contribution, etc.
e) In the event that You: i) having in good faith considered any proposal from GNM in accordance with b) and decline the same; or ii) exercise Your right of reversion under c), You shall not enter into an agreement with producers or other third parties introduced to You by GNM hereunder unless GNM is re-attached as a participant in the production or any other exploitation of a theatrical motion picture or television production based upon your Contribution as contemplated herein.
Action for Infringement and Further Assurance
During any period of exclusivity of the rights granted in paragraph a) above, GNM shall have all the rights and remedies in relation to your Contribution of an exclusive licensee including those that are specified: i) for contributors in the UK in Section 101 of the Copyright, Designs and Patents Act 1988, ii) for contributors in Australia in Section 119 of the Copyright Act 1968 (Cth), and iii) for contributors in the US in section 501(b) of Title 17 of the United States Code. For the avoidance of doubt, this includes the right to bring an action for infringement of copyright in your Contribution.
For the duration of the Term that follows the end of any period of exclusivity, for contributors in the UK, GNM may bring an action for infringement of copyright in your Contribution pursuant to Section 101A of the Copyright, Designs and Patents Act 1988.
You shall, and shall procure that any necessary third party shall, at your own expense promptly execute and deliver such documents and perform such acts as may be required for the purpose of giving full effect to this licence.
Further Information
As background to the above grant of rights which GNM are selectively seeking in certain Contributions, GNM is actively developing stories as drama and documentary projects for film and TV. Previous major productions produced from Guardian journalism include King of Thieves, The Fifth Estate and Snowden.
We have direct relationships with major broadcasters and funding partners in the UK and US, and work with a network of agents to develop opportunities in both markets. GNM intellectual property is highly regarded as source material across the television and film industries, and we hold regular development meetings with producers and development executives to identify stories.
The Guardian is successful in negotiating advantageous commercial terms with producers, while always protecting our reputation, brand and journalists. The scale of the Guardian often enables us to achieve terms which would not be available to a writer in isolation. Our expert commercial and legal teams ensure that all development and production contracts meet the highest industry standards and monitor producers and broadcasters for compliance.
In summary, you are granting to GNM the exclusive right on a worldwide basis to represent your Contribution and agree sales in principle. On receiving an offer of commercial terms from a producer to develop a project, we will share these details with you along with an offer of equitable terms to reward you and move forward together. This offer to you will take into account the specific structure of the deal and may vary dependent upon the origination of the story, the production partner, commissioning broadcaster, development process, consultancy requirements, and the format of the programme. Rights may be reverted to you on request in the circumstances described above.
Revision history
20/11/2023 – amended to clarify that rights reversion is subject additionally to any other prevailing agreement being in place between contributor and GNM, as well as existing third party interest in the content on the date of any reversion request.
21/06/2024 – added Action for Infringement and Further Assurance wording