Australian educational service
About the service
In Australia, educational royalties are generated when a school, TAFE, university or other licensed educational institution copies from television or radio or "communicates" a copy they have made. "Communication" covers making a copy available to staff and students online, by email or by placing it on an internal network.
Screenrights has been appointed by the Australian government to administer the educational provisions of the Copyright Act and has been paying royalties under this service since 1990.
Where the royalties come from
In Australia, educational institutions pay a negotiated licence fee to Screenrights for the right to copy from television and radio, and to communicate those copies, for educational purposes.
Screenrights collects the licence fees, identifies the programs that are copied and communicated, and pays royalties to the rightsholders. Copying and communication is usually monitored through a sample (or survey) system.
See also : Info Sheet: Monitoring Copying.
How the royalties are calculated
The value of royalties derived from the educational service is dependent on the duration of the program, the nature of the program, whether the program was copied or communicated, and the type of educational institution that used the program for educational purposes.
See also: Full Distribution Policy (680K)
Royalties paid under the service
A television program contains a number of components protected by the Australian Copyright Act. According to Screenrights' Distribution Policy, royalties are allocated to the following components of a television program copied under the Australian educational service:
Component of TV program copied under the Act |
Royalty Allocation |
|---|---|
| Film (cinematographic film) | 68.5% |
| Script (literary and dramatic works) | 22.1% |
| Commissioned sound recordings | 0.67% |
| Commercial sound recordings | 1.11% |
| Library sound recordings | 0.21% |
| Musical (and associated literary) works | 7.4% |
Screenrights pays rightsholders directly for Film, Script and Commissioned Sound Recordings (CSR).
Royalties for Commercial Sound Recordings are paid via the Australian Record Industry Association (ARIA), royalties for Library Sound Recordings are paid via the Australasian Mechanical Copyright Owners Society (AMCOS) and royalties for Musical Works are paid via the Australasian Performing Right Association (APRA).
Screenrights also pays royalties for Artistic Works incorporated in programs, which can include paintings, drawings, engravings, sculptures, photographs and other works of 'artistic craftmanship'.
See also: Info Sheet - Distribution Policy and Info Sheet - Artistic Works
Claiming royalties under this service
To claim royalties for copying and the communication of programs in Australia you must be a member of Screenrights and register your titles.
Become a member
Screenrights is required by law to pay royalties to members only. It is free to join - you only need to join once, and membership is straightforward. Furthermore you are not giving any rights away by becoming a member.
If you are unsure if you are a member already, please contact us.
Register titles
As a Screenrights member, the only step necessary to claim Australian educational royalties is to register your titles, or extend previous registrations to include the Australian Educational Service.
Addressing Screenrights royalties in your contracts
Any agreements, including sales and distribution agreements, should ideally address who is entitled to claim Screenrights royalties as the owner, assignee, or exclusive licensee of the relevant copyright.
Screenrights publishes suggested clauses that address who is entitled to royalties under the various collection services we administer.
See also: Info Sheet - Standard Contract Clauses
Coroners Inquest, Ninox Television
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"Study guides I think are a fantastic way to get under the skin of a program, I remember the stories I studied at school and still think about them to this day."
- Anthony Lucas 3D Films
