The producer of Hollywood blockbuster Rob Roy has told of his anger after the BBC said he will have to go to court over claims the corporation is 'ripping off' his classic documentary series about the history of Scottish football.
Peter Broughan teamed up with BBC Scotland around 30 years ago for the much loved series ‘Only a Game’, after coming up with the concept of documenting the social history of the national sport.
In August, he learned from a former colleague the broadcaster was planning to make an update of the series – understood to be called Still Only a Game.
He has accused the BBC of ripping him off after it declined to give him a fee for being the originator of the show.
After his MSP Jackie Baillie and MP Martin Docherty wrote to the BBC to raise his case, he has now received a letter from BBC Scotland director Ken MacQuarrie which states he will need to take court action if he wants to pursue payment.
Broughan said he intends to start a crowdfunding campaign to fund his legal case, which he believes will also help to protect the intellectual property rights of freelance workers.
In the letter, MacQuarrie states: “The new programmes as commissioned pick up the story at the point the series Only a Game concluded. It is highly unlikely to bear any resemblance to the programmes broadcast in the 1980s, beyond the general topic of Scottish football.”
But Broughan said: “In the letter he admits that this series is a continuation of the original series and then say that has got nothing to do with the new programme – but the origination point remains the origination point. It is like saying I’m going to make Star Wars 15 - but that is nothing to do with Star Wars 1 to 14. It is completely absurd.
“There is clear proof that I was the originator – my name is on the show and it is all over the publicity. I even supplied them with a copy of my original contract, which they hadn’t retained, and which demonstrates that there is a valid claim.”
In the letter sent by MacQuarrie to Jackie Baillie, the director of BBC Scotland said: “Having taken legal advice on this, we consider that there is no soundly based claim to negotiate. If he (Broughan) disagrees, this has to be a matter of law for a court to decide.”
But Broughan, who also produced the film The Flying Scotsman and was script editor for hit BBC Scotland drama series Tutti Frutti, said: “They were the ones who set the lawyers on me – I only brought in my lawyer formally after they had said I have to communicate through their lawyer.
“On the 13th August the BBC said “we are not communicating with you, you have to do that through our lawyer. They were the ones who specifically closed down communication and referred me to their lawyer.”
He said he was only seeking an “appropriate fee” for being the originator of the show the remake is based on and would be happy to also show the original proposal documents to the BBC if it indicates it is prepared to negotiate on the issue.
He added: “I am genuinely flabbergasted, I have never known any major organisation to deny its responsibilities in this way.
“I am hoping against hope the BBC are going to reconsider their position and see the light and actually enter a proper negotiation for the first time to settle this matter as amicably as possible under the circumstances.
“But I always have to hold the possibility of legal action in reserve under these circumstances.”
A spokesman for BBC Scotland said: “We have made it clear previously that if Peter Broughan want to show us any paperwork he think substantiates his claim then we’ll be happy to consider it. But without that, we can’t really progress it any further.”
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