Best Practice Procedure

The objective of the BAPLA Best Practice Committee is to promote best practice within the picture industry.

If you believe that a BAPLA Member is acting contrary to the Code of Best Practice, in the first instance you should contact the Member directly to resolve the issue. If you find the Member’s response to be unsatisfactory, you can contact the BAPLA Best Practice Committee.

The BAPLA procedure for handling complaints is below.

Please send full written details of your complaint by email to enquiries@bapla.org.uk.

Your complaint must include the full name of the complainant (individual, or if complaint is made on behalf of a business, the name of the business), address and contact details, the nature of your complaint and records of your attempts to resolve the complaint directly with the BAPLA Member.

The complaint will remain confidential. However, details of your complaint will be supplied to the subject of the complaint to allow them to respond. If the complainant wishes to remain anonymous, they must supply two written versions of their complaint: one with full contact details as outlined above which will only be shared among BAPLA Best Practice Committee members; and a separate anonymised written complaint which they agree may be forwarded directly to the subject of the complaint.

Within seven days of receipt of the written complaint, a BAPLA staff member will acknowledge receipt in writing.

The complaint will be shared with the Best Practice Committee which is comprised of members of the BAPLA Executive Board.

If the complaint is in relation to a BAPLA Member represented on the Best Practice Committee or if a member of the Best Practice Committee declared a conflict of interest in the complaint, that representative will be excluded from the complaint process.

The complaint will be assessed by the Best Practice Committee to ensure that it:

  • is legitimate;
  • falls within the scope of BAPLA’s activity as set out in the Code of Best Practice, BAPLA’s constitutional documents and the “About Us” section of the BAPLA website;
  • is not frivolous, vexatious or in abuse of process.

If the complaint does not qualify for consideration, you will be informed in writing and given reasons for BAPLA’s decision.

Within fourteen days of receipt of the written complaint, the BAPLA Member who is the subject of the complaint will be contacted by a member of the Best Practice Committee with a request for written comments concerning the complaint.

BAPLA may request further information from the complainant.

All documents provided to BAPLA will be treated in strict confidence and not shared with third parties save for BAPLA’s advisors (on a confidential basis) or as may be required by law.

If the complainant is not a BAPLA Member:

Within twenty-eight days of receipt of the written complaint, the Best Practice Committee will make best efforts to facilitate lines of communication and provide recommendations to resolve the complaint. If both parties fail to reach an agreeable solution via the facilitation offered by BAPLA then BAPLA would advise that each party seeks independent legal advice, at which point BAPLA would recuse itself from handling the complaint further.

In exceptional circumstances it may take longer than twenty-eight days to investigate your complaint; in this instance you will be kept informed of progress of the investigation by a BAPLA staff member.

If both parties in the complaint are BAPLA Members:

The Best Practice Committee will make best efforts to facilitate lines of communication between both Members. BAPLA’s role in this discussion is as independent observer only. BAPLA can provide recommendations to resolve the complaint, but cannot adjudicate or deliver a judgement on the complaint itself.

If both BAPLA Members are unable to reach a solution agreeable to both parties, BAPLA may agree in exceptional circumstances to facilitate a meeting between the BAPLA Members. If both parties fail to reach an agreeable solution via the facilitation offered by BAPLA then BAPLA would advise that each party seeks independent legal advice, at which point BAPLA would recuse itself from handling the complaint further.

Please note

BAPLA’s complaints process does not replace, or deprive you of, your legal remedies.

Disclaimer

BAPLA is a trade association that represents picture libraries and agencies.  As such BAPLA’s response to questions relating to the Code of Best Practice or other activity of BAPLA or its Members is offered as non-binding guidance.

BAPLA does not offer legal advice and it is the responsibility of its Members to obtain suitable legal advice if needed.

Save for the matters governed by your membership agreements with BAPLA, BAPLA does not operate a system of sanctions or remedies which may be enforced by BAPLA against Members and vice versa.

Under no circumstances can BAPLA deal with matters that fall outside its scope of activities as a trade organisation, such as contractual and copyright-related matters in relation to its Members’ businesses.

BAPLA has no authority to intervene in legal disputes involving BAPLA Members.

Decisions made by the Best Practice Committee are final and will be implemented by the BAPLA Executive Board.