info sheet - artistic works
Registering your artistic works for Screenrights Royalties
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What is Screenrights?
Screenrights is a non-profit organisation that collects royalties for copyright owners in film and television, including copyright owners in artistic works used in film and television programs.
The royalties we collect come from Australian and New Zealand educational institutions that copy from television. We also collect royalties from Australian educational institutions that communicate these copies, by email for example.
In addition to this, Screenrights collects royalties for the retransmission of free to air broadcasts on pay television.
These collection services have been established under provisions of the relevant Copyright Acts.
How does Screenrights allocate the royalties it collects?
Screenrights allocates the royalties it collects to the following copyrights in a program:
- Film;
- Literary or Dramatic Work;
- Musical Works;
- Sound Recordings of Musical Works;
- Broadcasting Signal (in New Zealand only); and
- Artistic Works
What is an artistic work?
In deciding whether a work is an artistic work, Screenrights follows the definitions in the Australian and the New Zealand Copyright Acts. The following are included as artistic works in these definitions: paintings, drawings, engravings, sculptures, photographs and other works of ‘artistic craftsmanship’.
How can I claim Screenrights royalties in artistic works?
If your artistic work is used in a program broadcast on Australian or New Zealand television, you can register it with Screenrights. To obtain a registration form, contact our Artistic Works Coordinator or download it from our website.
What do copyright owners in artistic works receive?
Amounts will vary from year to year and will depend on whether the program incorporating the work was copied, communicated or retransmitted. It is, however, always worthwhile to ensure that your works are registered so that you receive any royalties to which you are entitled. Please contact our Artistic Works Coordinator for more information; email art@screenrights.org.
Who can claim artistic work royalties?
Screenrights can only pay royalties to the person or entity that owns or controls the relevant copyright. In most cases, the first owner of copyright in an artistic work is the artist. However, it may be necessary to examine any contracts dealing with the work to determine whether the relevant copyright still resides with the artist. In the case of copying royalties, you will need to determine whether you own or control the right to copy the work in Australia and New Zealand. For communication and retransmission royalties, you will need to determine who owns or controls these rights in Australia.
How can I ensure that I am entitled to claim Screenrights Royalties?
When you are negotiating agreements concerning the use of a work, you should specifically address who is entitled to claim Screenrights royalties. In drafting such agreements, copyright owners should always seek independent legal advice (although we are happy to view draft clauses and confirm whether we would be likely to accept a claim on the basis of this documentation). We also publish draft clauses that you may wish to consider including in your agreements. These clauses can be obtained by contacting us or by visiting our website: www.screen.org
Help us to help you!
Screenrights works closely with the film and television industries and the arts community to ensure that the valuable input of artists into a wide variety of programs is recognised and rewarded.
Viscopy (www.viscopy.com), and other societies which represent rightsholders in artistic works, are endeavouring to ensure that the work of their members used in television programs is registered with Screenrights. However, by contacting Screenrights (or your society) to register the use of your work in television programs and encouraging others to do the same, Screenrights will be even better equipped to distribute artistic works royalties quickly, accurately and more often.
Further Information
If you would like further information or have any questions, please contact our Artistic Works Coordinator on (02) 9904 0133 or art@screenrights.org.
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