For questions regarding this section, contact PBS Business Affairs at (703) 739-5296

Programming and other agreements between PBS and producers/presenters may be made on a case-by-case basis because of individual needs and circumstances. Deal terms will vary from agreement to agreement depending on a number of circumstances; however, the following basic terms apply to all programming content provided to, and distributed by, PBS.

RELEASES/LICENSE TERM

A "release" is defined as unlimited plays during any consecutive seven (7) day period.

For each Program distributed by PBS a Producer will grant to PBS a specific number of "releases" over a specific time period. The exact number of releases and the length of the license term may vary from program to program but PBS typically requires six releases over a four year period beginning with the initial public television release.

PBS TELEVISION RIGHTS

Producer must grant to PBS the exclusive PBS Television Rights in the Program(s).

"PBS Television Rights" are defined as the exclusive right during the PBS license term and in the PBS license area (the United States its territories and possessions, including but not limited to Puerto Rico; Guam; the U.S. Virgin Islands; American Samoa; and U.S. military bases, embassies, consulates and ships at sea) to duplicate the program(s), and to authorize others to do so, and to distribute the program(s) by any means for the following uses:

1.	Broadcast by public television stations
2.	Cablecast on a noncommercial, sustaining basis on cable channels programmed by PBS or public television stations
3.	Transmission on PBS-branded direct-to-home satellite services; and
4.	Exhibition on a noncommercial, sustaining basis via commercial broadcast channels, cable services, and satellite services in areas unserved by a public television station in the PBS License Area.

In addition to the affirmative grant of broadcast rights to PBS above, PBS's exclusivity shall apply to all other forms of television transmission, distribution and exhibition such that the producer agrees not to broadcast, transmit or distribute the program(s), or license anyone else to do same, within the PBS license area during the PBS license term including, but not limited to commercial and non-commercial broadcast, cablecast, satellite transmission, wireless, microwave, video-on-demand, video dial tone, videostreaming, downloading, podcasting (including video podcasting), download-to-own, pay-per-view, and Internet protocol television ("IPTV") distribution, and shall apply to all versions and formats of the program(s) in any language, and to all display and transmission standards, now known or hereinafter devised, including, but not limited to standard television, high definition television, digital television, and advanced, enhanced, and interactive television.

Theatrical releases prior to and during the PBS License Term are permitted only with the prior written permission of PBS. In addition, PBS generally requires a period of exclusivity against any distribution of the program in Canada prior to and within a prescribed time period following the initial PBS release

EDUCATIONAL OFF-AIR RECORD RIGHTS

1 year from each broadcast is standard

As a condition of PBS distribution, Producer must grant to PBS the right to authorize off-air recording of the program(s) for educational purposes for up to one (1) year following each release of the Program in the Preschool through Grade-12 market.

ONLINE RIGHTS

pbs.org is the only URL permitted to be shown, promoted or referenced as part of any program broadcast on PBS or a PBS member station.

Producers must grant to PBS, at a minimum, the non-exclusive right to advertise and promote the program(s) online throughout the broadcast and video license term and to use all program related promotional materials to that end (see Program Promotion Rights below).A significant portion of content on a pbs.org companion site must be exclusive. Additional online rights may be negotiated separately depending on the particular programs.

OTHER RIGHTS

PBS may also require institutional education (audio-visual), direct response, video-on-demand, IPTV, home video, digital television distribution and other rights (including, but not limited to, audio recording and soundtrack rights, electronic version, merchandising, and/or publishing rights) depending on the particular programs.

PROGRAM PROMOTION RIGHTS

Producer must grant to PBS the right to use and authorize others to use the program and series titles, the names, voices, likenesses and biographies of all persons or characters appearing on, or performing services in connection with, the programs, including the right to excerpt portions of the program or program element (e.g., opens, animations, music, packaging elements, etc.) of no longer than three (3) minutes in aggregate length, for the purpose of advertising, promoting and publicizing the program or for institutional promotion in any medium (including online).

WARRANTIES AND INDEMNITIES

Producers must agree to defend, indemnify and hold harmless PBS (and those authorized by PBS to use the programs) from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees and costs, that may result from any authorized use of the program(s) by PBS.

BROADCAST INSURANCE

Producers must secure a policy of liability insurance (errors and omissions) that is acceptable to PBS, which insures the producer against copyright infringement, defamation, invasion of privacy, and unauthorized use of titles, ideas or characters unless otherwise prohibited by state or local laws. The policy must name PBS and all public television stations as additional insureds during the program rights period. The limit of liability should be $1,000,000 for each occurrence and $3,000,000 in the aggregate, with a deductible, which is affordable to the producer.

ABOUT THE MUSIC CUE AND VISUAL ARTS CUE SHEETS

Completed music cue sheets must be submitted for every program and should be sent via email to:Steve Friedman

In order to comply with the terms of its agreements with music rights organizations on behalf of public television and with Federal regulations, PBS maintains music cue sheets for all its programs. Music cue sheets are due from the producer or presenter before the show's initial broadcast (or, for a live show, as soon after the initial broadcast as possible). In certain, limited circumstances producers must also submit Visual Arts Cue Sheets to PBS.

For more information or for blank electronic cue sheets, contact PBS's copyright administrator at Steve Friedman.

IMPORTANT NOTICE: This manual is a set of "guidelines" and should be treated as such. PBS staff members will continue to consult with producers and provide direct guidance on issues concerning final delivery of programs. Please read through the Red Book carefully and make sure that the members of your production team familiarize themselves with the relevant sections. Updates to the Red Book will occur when information or policies change.

 
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