Why Doctor Who Lost the Rights to its Own First Episode

Whovians in the UK were thrilled when back in 2023, it was announced that to celebrate the 60^th anniversary of a certain time-travelling blue police box, all of ‘Classic Who’ – Doctor Who episodes from the show’s first era, spanning from the 1960’s through to the 1980’s, would be made available on BBC iPlayer. The massive collection of over 800 episodes from the show’s history would be accompanied by documentaries and special,s as well as popular spin-offs like Torchwood and Sarah Jane Adventures to bring together the ‘Whoniverse’.

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Of course, fans lamented that the 97 Doctor Who episodes still missing from the BBC archives (lost during the BBC’s clear out of the 1970’s when tapes were routinely wiped for reuse), would not be among the collection – but to have the remaining episodes together in one place finally was more than we could have hoped for. However, more than six decades after the series first aired on the BBC, the very first chapter of its history remains frustratingly out of reach for fans.

This isn’t a case of missing tapes. Instead, it comes down to rights — and an increasingly bitter dispute about intellectual property. Despite the episodes being perfectly available and intact, to this day, fans are unable to legally stream the very story that started it all and introduced the Doctor, the TARDIS, and the core premise of the franchise. An Unearthly Child — the four-part serial that launched Doctor Who in 1963 — is conspicuously absent from the BBC’s otherwise expansive archive on iPlayer, due to a disagreement between the BBC and the son of An Unearthly Child’s writer, Anthony Coburn. It’s a fascinating example of just how complicated intellectual property disputes can become when history, legacy, and the modern streaming age collide and how even a famous global franchise isn’t immune.

‘An Unearthly Child’ and the Birth of Doctor Who

When Doctor Who was first conceived back in the 1960’s, it began as a concept wildly different to the eventual finished product, and the end result that graced our screens was actually something of a punt. The BBC had initially envisioned a more educational science fiction program, aimed at younger viewers, which would combine historical adventures with both real and speculative science to try to teach children about life and the universe. Head of drama Sydney Newman famously warned producer Verity Lambert that there was to be no ‘bug-eyed monsters’ in the show (and was initially skeptical when just a few episodes later the Dalek’s showed up – until he saw the viewing figures.)

Episode one, ‘An Unearthly Child’, introduced lovable schoolteachers Ian Chesterton and Barbara Wright. Concerned about the well-being of one mysterious student, Susan Foreman, they decide to follow her home — and stumble into a police box that’s bigger on the inside – the rest, as they say, is history…

That iconic first episode (part of a four-episode serial written by Anthony Coburn, a BBC staff writer at the time) established essential elements of the series: the Doctor as an alien traveller, the TARDIS as a time-and-space machine, etc. Without ‘An Unearthly Child’, there would have been no Doctor Who as we know it.

And yet, despite its importance, the four-part story has unfortunately become the subject of an ongoing legal battle.

The Dispute Over Doctor Who’s Rights

Excitement quickly turned to confusion for Who fans, when it was confirmed that these first four episodes would not be included with the collection on iPlayer. The BBC simply explained that it sadly doesn’t hold all the rights to ‘An Unearthly Child’.

Fans were surprised to learn that those rights apparently now belong to Anthony Coburn’s son, Stef Coburn. This wouldn’t have been a major issue if it hadn’t been for the fact that Coburn has (unfortunately for Whovians) repeatedly refused various licensing agreements offered by the BBC. According to Coburn, his father was treated poorly by the corporation during the 1960s and in later years. He has accused the BBC of plagiarism of his father’s unused scripts and ideas that were allegedly repurposed without giving proper credit or compensation at the time.

In the past, Coburn has also challenged the BBC’s use of the TARDIS itself, arguing that his father’s role in creating the police box concept entitled the estate to greater ownership and that the BBC should have to pay to use it. While those claims did not ultimately come to fruition and the BBC remained in control of the TARDIS, (since Anthony did choose the police box design, but the interior of the machine was created by Peter Brachaki) they underscore just how contentious the relationship has become.

Coburn has insisted publicly that withholding the rights to the episodes is not an act of spite toward Doctor Who fans, but a matter of principle — a way to secure recognition of his father’s contributions and what he views as fair recompense for the estate. However, many fans have, perhaps understandably, expressed frustration and disappointment with Coburn for his handling of the situation.

For their part, the BBC has not denied that they have taken part in negotiations with Coburn, but whatever talks have taken place, they have clearly failed to reach an agreement that both parties are happy with. Coburn has claimed that he presented a reasonable proposal, which the BBC declined. Part of that proposal reportedly involved the BBC agreeing to produce an unrelated science-fiction project written by his father — a condition the broadcaster was unwilling to adhere to.

So, for now the standoff continues…

**The Cost to Doctor Who’s Legacy**

The absence of An Unearthly Child, of course, has real consequences for how Doctor Who is experienced by fans, particularly newer fans. Not being able to start from the beginning creates a strange narrative gap. Without the key pieces of context from those initial stories, the story starts more or less in the middle of things. While this doesn’t necessarily matter in the grand scheme of things since Doctor Who has always been designed as a ‘Monster of the week’ episodic show where audiences can dip in and out, the Doctor in those early episodes is a far more prickly, secretive, and morally ambiguous character, before his unlikely friendship with Ian and Barbra begins to change him for the better. Viewers undoubtedly miss out on some key development without the context that shaped his earliest characterization.

For longtime fans, the situation is even more frustrating. Leaving aside not being able to stream the very first episodes and watch from the start, just being downright annoying, especially for dedicated ‘finishers’ of shows, the show has always been enjoyed by and accessible to a wide fan base, and the situation as it stands seems to go against what the show stands for. Doctor Who is a series about change, survival, and the persistence of stories across time. It’s a franchise that prides itself on regenerating and reinventing itself, but also remembering and paying tribute to those early adventures. It’s a show all about new beginnings, but there’s also a real sense of timelessness there. Doctor Who is a true cornerstone of British culture, something everyone should be able to enjoy and experience. It’s a shame that the story is being hampered somewhat by legal technicalities and old grievances. For the very first story in this epic adventure to be unavailable to the public feels opposed to the show’s ethos.

There is also the very real possibility that this dispute could stretch on for years to come. Disputes like this don’t get resolved overnight, and without a fair compromise, An Unearthly Child may remain absent from official platforms for decades to come.

Ultimately, this is a dispute where no one really wins in the end. The BBC doesn’t get to present Doctor Who’s in its entirety. Fans don’t get to experience a classic piece of television. And Anthony Coburn’s legacy becomes entangled in controversy rather than celebration.

Until this impasse is resolved, the Doctor’s first adventure remains stranded in time.

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