rights and royalties
- Copyright in audiovisual works
- Screenrights' licences
- Allocation and distribution of royalties
- Payment timetable
- Queries, disputes, complaints
Copyright in audiovisual works
Every audiovisual work contains a number of elements separately protected by copyright. Screenrights collects and allocates certain royalties for each of the following:
Film
This is the copyright in the actual film or sequence of moving images.
Script
This is the copyright in the underlying literary or dramatic work.
Sound recordings
This is the copyright in the recordings of musical works used in the production. Films use either library (or production) recordings, commercial recordings or recordings of commissioned music. See also: Info Sheet - Sound Recordings for how we allocate and distribute royalties to copyright owners in sound recordings.
Musical works
An audiovisual work may contain a number of separate musical works each of which are protected by copyright.
Artistic works
Artistic works used in a film are also protected by copyright. The definition of an Artistic Work used in both the Australian and New Zealand Copyright Acts is extremely broad and includes paintings, sculptures, photographs, buildings or models thereof and 'anything considered to be a work of artistic craftsmanship'. See also: Info Sheet - Artistic Works for how we allocate and distribute royalties for artistic works.
Broadcast signal
The broadcast signal itself is also protected by copyright. Under legislation, Screenrights is only required to allocate royalties to the broadcast signal for its New Zealand Educational Service and Australian Government Service.
Directors' rights
Under the Australian Copyright Act, directors have certain limited rights to royalties for retransmission. See also: Info Sheet - Directors for how and when we pay directors.
Performers' rights
Performers of certain works also have limited rights under the Australian Copyright Act. See also: Info Sheet - Performers.
Screenrights' licences
Copyright owners have a number of exclusive rights in their work, including the right to copy, communicate and retransmit their work.
Where it is impossible or very difficult for rightsholders to individually enter licence agreements for the use of their work, Screenrights offers blanket licences to groups of users of audiovisual works, collects licence fees and distributes royalties to the rightsholders.
Our Australian and New Zealand educational licences allow educational institutions to copy from television and radio (also to communicate those copies in Australia) provided a royalty is paid to rightsholders. In Australia we also offer a Government copying licence that allows for copying from television and radio by government departments, provided a royalty is paid. The Australian retransmission licence allows for the retransmission of free to air broadcasts by another service (such as a pay television operator) in exchange for a royalty.
Screenrights monitors use under each of these services, through either a survey system or on the basis of full record keeping. We allocate payment to rightsholders on the basis of these survey results and records, with all money paid to rightholders after the deduction of Screenrights' administrative overheads only.
The fact that your program is broadcast does not automatically mean it will generate Screenrights royalties. This will depend on whether it was copied, communicated or retransmitted and whether this use was monitored in the sample or record system. See also: Info Sheet - Monitoring Copying.
We also have an international royalty collection service for members that appoint us to collect royalties on their behalf from the international collection societies.
Allocation and distribution of royalties
Screenrights determines the total amount of royalties collected under each service over a 12 month period from 1 July to 30 June. The royalties for each service are referred to as "pools" and the operating expenses for each service is deducted from the relevant pool.
An allocation is also made from each pool to an Artistic Works fund. This is used to make payments to rightsholders in artistic works used in program. See also: Info Sheet - Artistic Works.
Once these deductions have been made, the total distributable amount for each service is finalised by the Screenrights Board and then made available to distribute to the relevant rightsholders.
The manner in which royalties from each pool are allocated between programs, and rightsholders in these programs, is determined by Screenrights' Distribution Policy. See also: Info Sheet - Distribution Policy or download the Full Distribution Policy (680K).
Allocation of international royalties is determined by the international collecting society that has collected these royalties.
Payment timetable
If your program accrues royalties under the any of the collection services, there is at least a 6-18 month delay before the royalties are available for distribution.
The Australian and New Zealand royalty collection services operate on an Australian financial year basis (1st July to 30th June). Records of copying, communication and retransmission during that period are collated, audited and researched prior to the commencement of distribution in December of that year.
The International Service distributes royalties to Members upon receipt from the international collection societies. The delay between when the royalties are earned and paid is therefore dependent on the payment schedule of each international collection society.
Queries, disputes and complaints
The Screenrights Member Services team is happy to answer any queries you may have concerning your membership, title registrations and royalty payments. Just contact us.
Occasionally Screenrights receives a claim for royalties from more than one party. When this occurs, Screenrights implements its Alternative Dispute Resolution Policy to assist both parties in establishing the correct claimant. Download Screenrights' policy to resolve multiple claims (56k).
Screenrights also has a complaints procedure to help resolve any complaints members may have. Download Complaints Handling Procedure (56k).
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Screenrights royalties are healthy recognition that educators value our programmes and find in them a lot to discuss in the classroom and lecture hall.
- Victoria Spackman Legal and Business Affairs Manager The Gibson Group Ltd
