Broadcast Services Agreement Template (Malta)

Updated on 22 August 2026

A broadcast services agreement is what an organisation signs when it engages a broadcaster or production company to cover its events — a league fixture list, a festa, a conference, a concert series. It is a services contract with an intellectual property problem attached: someone has to make the coverage, and someone has to own the recordings afterwards.

The template this replaces forgets the second half. It has a scope clause, a logo licence and a fee, and says nothing about who owns the footage, who can cut highlights, who cleared the music and the contributors, who insures the crew, or what happens when an event is cancelled. It also numbers three consecutive clauses "9", ties the term to "the first game for the season", renews indefinitely and sends disputes to a single American arbitration body. This version rebuilds it for Malta: the transfer of rights is recorded in writing, regulatory obligations stay with the broadcaster, GDPR applies to filming identifiable people, and the jurisdiction clause names the courts of Malta.

16 of 37 blanks filled

Tap any highlighted blank in the document below and type straight into it.Free — no sign-up, no watermark

Broadcast Services Agreement

This Agreement is made on between () of (the “Organiser”) and () of (the “Broadcaster”). The Organiser engages the Broadcaster to produce and deliver coverage of the events described below.

1. Appointment

The Broadcaster is appointed to produce, and where agreed to transmit, coverage of the events covered by this Agreement. Broadcasting licence details, where applicable: .

OptionalExclusive appointmentAppoint this broadcaster as the only official broadcaster for the events covered.

The appointment is exclusive: during the term the Organiser will not appoint another broadcaster or production company to produce coverage of the same events, except for its own internal recording, accredited news access and content for its own channels.

OptionalA separate rights licence existsRecord that exploitation rights are dealt with in a separate agreement.

2. Term

This Agreement runs from to . Renewal: . Where renewal requires notice, it must be given at least days before the end of the term. This Agreement does not renew indefinitely.

3. Events Covered

The events covered are:

Either party may propose adding or removing an event on at least days' notice; a change takes effect only when the other agrees in writing, and the fee is adjusted on the same basis as a comparable event.

4. Production Standards and Delivery

The Broadcaster shall produce the coverage with reasonable skill and care using suitably qualified personnel, to this specification:

Minimum crew:
Coverage requirements:
Delivery:

Editorial and technical decisions during production are the Broadcaster's, subject to the coverage requirements and to any brand and safety instructions the Organiser gives in advance. The Broadcaster shall keep a copy of delivered material for at least 90 days.

5. Ownership of Recordings

OptionalOrganiser owns the recordingsOn: the organiser owns the masters. Off: the broadcaster owns them and licenses clips back.

The economic rights in copyright in the coverage, including the masters, isolated feeds and raw material, belong to the Organiser, and the Broadcaster transfers those rights to the Organiser by this Agreement with effect from payment for the event concerned. This transfer is recorded in writing and signed by the Broadcaster, and is limited to material produced under this Agreement. The Broadcaster is licensed to transmit and use the coverage as this Agreement and any separate rights agreement permit.

Clip and archive licence for the party that does not own the masters: . That licence is royalty-free, cannot be revoked for material already published in accordance with it, and permits ordinary editorial cuts but not changes that alter the meaning of what was recorded.

6. Moral Rights

Moral rights are not transferred by this Agreement. Neither party shall edit or present the coverage in a way that distorts what was recorded or misrepresents a contributor, and each party shall procure from its own personnel and contributors the consents needed for the coverage to be transmitted, re-edited into highlights and promotional material, and published in the formats contemplated here.

7. Clearances, Filming and Data Protection

Cleared by the Organiser:
Cleared by the Broadcaster:
Filming, signage and data arrangements:

Each party warrants that it has obtained the clearances allocated to it and shall indemnify the other against claims arising from a failure to do so. The parties acknowledge that filming identifiable participants and members of the public involves processing personal data, and shall comply with the General Data Protection Regulation and Maltese data protection legislation in doing so.

8. Regulatory Responsibility

Each party is responsible for its own regulatory obligations. The Broadcaster's obligations as a broadcaster or media service provider, including licence conditions and the rules on advertising, sponsorship and product placement, remain its own and are not assumed by the Organiser. The Broadcaster shall tell the Organiser in advance what sponsorship credits or disclosures it will carry, so they do not conflict with the Organiser's own arrangements.

9. Names, Marks and Sponsorship

Each party grants the other a limited licence to use its name, logo and marks during the term solely to identify and promote the coverage produced under this Agreement, in accordance with any brand guidelines supplied.

OptionalSponsorship and advertising clauseDeal with commercial inventory and credits around the coverage.

Sponsorship and advertising arrangements around the coverage are: Neither party shall offer or accept undisclosed consideration in exchange for including material in the coverage.

10. Fees, VAT and Expenses

Fee basis:
Fee:
VAT:
Payment terms:
days from a proper invoice
Expenses:

11. Cancellation, Postponement and Force Majeure

  • If the Organiser cancels an event more than days before it, % of the fee for that event is payable, plus non-recoverable committed costs.
  • If the Organiser cancels within that window, % of the fee for that event is payable, plus non-recoverable committed costs.
  • If an event is abandoned after the Broadcaster has arrived and begun rigging, % of the fee for that event is payable.
  • If an event is postponed, the fee transfers to the new date if the Broadcaster is available, and the costs of the abandoned attempt are payable at cost.
  • If an event cannot take place or is curtailed because of something genuinely outside both parties' control, including weather or heat making an outdoor event unsafe, neither is in breach; the Broadcaster is entitled to costs actually and unavoidably incurred.

12. Insurance and Liability

The Broadcaster shall maintain the following insurance throughout the term and provide evidence on request, and in any event before first attendance at a venue that requires it:

Neither party is liable for indirect or consequential loss or for loss of profit. Each party's total liability is limited to . The limits do not apply to the clearance indemnities, to payment obligations, or to death or personal injury caused by negligence or to fraud.

13. Termination, General and Jurisdiction

Either party may terminate immediately if the other commits a material breach and fails to remedy it within days of written notice, or becomes insolvent. On termination the Organiser shall pay for events already covered and for committed costs, and the Broadcaster shall deliver everything produced to that point. The ownership, clearance, data protection, licence and liability provisions survive.

This Agreement is the entire agreement on its subject matter, may only be varied in writing signed by both parties, and is governed by the laws of Malta. Neither party may assign or subcontract the whole of this Agreement without the other's consent; the Broadcaster may use ordinary production subcontractors and remains responsible for them. The parties submit to the exclusive jurisdiction of the courts of Malta.

For the Organiser

Date signed:

For the Broadcaster

Date signed:

Services or rights? Two documents

Two deals hide behind "broadcast contract". In one the organiser buys production and transmission services and pays for them. In the other the organiser sells the right to exploit its event and gets paid. Real arrangements often combine them, but the clauses, the money and the remedies run in opposite directions.

This template covers the services side and records whether a separate rights licence exists. The companion rights document, which deals with events of major importance and short news reports, is linked from this page.

Ownership of the recordings, recorded in writing

A live event produces an asset that outlasts the transmission: the master, the isolated feeds, the clips, the archive. Whoever owns that owns the ability to license it later. Copyright in Malta is governed by the Copyright Act, and whatever the minimum formality, the only safe practice for a commissioned production is a written instrument stating exactly what transfers and when.

This template makes the choice a switch, with a written transfer of the economic rights where the organiser is to own the masters, and a defined clip and archive licence back to whichever party does not. Moral rights are not transferred, and the contract says so, with a limit on editing that distorts what was recorded.

Clearances, contributors and GDPR

Coverage of a live event sweeps up other people's rights: music played at the venue, commentators and on-camera contributors, screen content, sponsor branding and members of the public in shot. This template allocates each category and matches the indemnities to that allocation rather than relying on a general warranty.

Filming identifiable people is processing of personal data, so the parties have to agree signage, accreditation wording and how footage of the public is handled before the first event — particularly for community events where the crowd is the story. Regulatory obligations, including licence conditions and the advertising and sponsorship rules, stay with the broadcaster; what the contract can do is require compliance and advance notice of the credits it will carry.

Cancellation, insurance and a term that ends

Live events get cancelled, postponed, moved and shortened, and outdoor summer events here carry real weather and heat risk. A contract that only prices "per event" produces an argument the first time an event is abandoned after the crew has rigged. This template separates cancellation with notice, cancellation on the day, abandonment after set-up, postponement and an event genuinely prevented.

It also replaces the perpetual auto-renewal with a defined term and a renewal needing agreement or notice, gives a termination-for-cause route with a cure period, states the insurance required, and sets the VAT position — because a production invoice without a clear VAT treatment is a payment delay waiting to happen.

Clause-by-clause guide

Appointment and status
Appoints the broadcaster, says whether it is exclusive, and records whether a separate rights licence exists.
Term and renewal
A defined start and end with renewal by agreement or notice, not an indefinite roll-over.
Events covered
The schedule, and how events are added or dropped and on what notice.
Production standards
Technical specification, crew minimum, graphics, commentary and coverage requirements.
Delivery
What is delivered, in what format, to whom and by when.
Ownership of recordings
A switch between organiser-owned and broadcaster-owned masters, with a written transfer where needed.
Moral rights
Not transferred, with a limit on editing that distorts what was recorded.
Clip and archive licence
The everyday permission for the party that does not own the masters.
Clearances
Splits music, contributors, crew, venue and archive, with matching indemnities.
Filming and GDPR
Signage, accreditation wording and how footage of the public is handled.
Regulatory responsibility
Leaves licence conditions and advertising rules with the broadcaster.
Fees, VAT and expenses
Fee basis, invoicing, payment days, VAT and pre-approved expenses.
Cancellation and postponement
Graduated consequences by scenario, including abandonment after set-up and weather.
Insurance and liability
Required cover, mutual indemnities and a cap with carve-outs.

Malta compliance checklist

  • Record any transfer of rights in writing

    Copyright is governed by the Copyright Act. Whatever the minimum formality, a written instrument stating exactly what transfers and when is the only safe practice for a commissioned production.

    Copyright Act (Cap. 415)
  • Leave regulatory obligations with the broadcaster

    A broadcaster's licence conditions and the advertising and sponsorship rules under the Broadcasting Act framework remain its own and cannot be assumed by an organiser through a services contract.

    Broadcasting Authority Malta
  • Allocate music licensing expressly

    Music played at the venue, walk-on cues and packaged content raise separate licensing questions from the coverage itself, and collecting societies administer many of those rights. Name who clears each category.

  • Agree the GDPR position before the first event

    Filming identifiable participants and members of the public is processing of personal data. Agree signage, accreditation wording, the lawful basis and retention before the crew arrives.

  • Confirm insurance covers the venue and outdoor settings

    Cover often distinguishes premises from third-party venues and may differ for outdoor or historic locations. Confirm with your insurer before agreeing a site.

  • State the VAT position

    Say whether the fee is exclusive of VAT and require proper invoices, so input VAT is not in doubt and payment is not delayed.

  • Deal with weather for outdoor events

    Summer heat and sudden weather both affect live production here. Say what happens if an event is abandoned or curtailed for safety, rather than leaving it to a general force majeure clause.

How to complete this agreement

  1. Identify the parties and appointment. Enter the organiser and broadcaster, say whether the appointment is exclusive and whether a separate rights licence exists.
  2. Set the term and events. Add the start and end dates, the renewal basis and the events covered with the notice to add or drop one.
  3. Specify the production. Enter the technical specification, crew minimum, coverage requirements and delivery format and deadline.
  4. Choose who owns the recordings. Set the ownership switch and the clip and archive licence for the party that does not own the masters.
  5. Split the clearances and agree the GDPR position. Confirm who clears music, contributors, crew and venue, and agree signage and accreditation wording.
  6. Fix money and cancellation. Enter the fee basis, VAT position, payment days, expenses and the cancellation percentages.
  7. Review and sign. Read the rendered document, download the DOCX or print to PDF, and have both parties sign.

Frequently asked questions

How is this different from a broadcast rights agreement?

This engages someone to produce and deliver the coverage — a services contract, normally paid by the organiser. A rights agreement licenses the right to exploit the event and is normally paid for by the broadcaster, and in Malta it also has to deal with events of major importance and the statutory short-news-report position. Keeping them separate keeps the obligations and remedies straight.

Who owns the footage after the event?

Whoever the contract says, recorded in writing. Without a clause the rights generally stay with the production company, and an organiser that funded a whole season can find it owns nothing of the archive. This template makes it an explicit switch and includes a written transfer of the economic rights where the organiser is to own the masters.

Can the organiser post clips on its own channels?

Only if the contract grants it. That is why the clip licence appears in both ownership scenarios, with a stated duration, permitted channels and maximum clip length. Social clipping is the most common everyday use of event coverage and the most commonly forgotten permission.

Who clears the music played at the venue?

State it rather than assume it. Usually the organiser clears what is played at the venue because it controls the playlist and holds the venue licences, and the production company clears library or packaged music it adds in the edit. Collecting societies administer many of those rights, so name who deals with which.

What about filming the crowd?

That is processing of personal data and needs to be handled before the crew arrives, not afterwards. Agree the signage, the accreditation wording, the lawful basis and how long footage is kept. For community events where the crowd is part of the story, this is the clause that prevents complaints.

Who is responsible for regulatory compliance?

The broadcaster. Licence conditions and the advertising and sponsorship rules belong to it, and an organiser cannot take them on by contract. The contract can require compliance and advance notice of the sponsorship credits it will carry, which is what this one does.

What happens if an outdoor event is abandoned?

This template treats abandonment after rigging separately from cancellation with notice, and deals expressly with weather rendering an outdoor event unsafe. Setting the percentages in advance is far easier than arguing about force majeure on a summer evening with a crew already on site.

Related templates

Disclaimer

This template and guide are general information about Maltese practice, not legal, broadcasting-regulatory, data-protection or insurance advice, and nobody has reviewed your production. Music licensing and regulatory obligations change; confirm the current position before you sign.