Australian retransmission service
What are retransmission royalties?
In Australia, retransmission royalties are generated when the pay television companies (cable networks) pick up a publicly available broadcast signal and provide it as part of their service. The free-to-air channels that are retransmitted in Australia are:
ABC |
Australian Broadcasting Corporation |
SBS |
Special Broadcasting Service |
7 |
Seven Network |
9 |
Nine Network |
10 |
Network Ten |
When a program is broadcast on a channel that is retransmitted, royalties are generated for that program.
Where the royalties come from
Cable and satellite operators pay a negotiated royalty rate to Screenrights for the television and radio broadcasts that they retransmit across their networks.
Screenrights has been appointed by the Australian government to administer the retransmission provisions of the Copyright Act with royalties payable to rightsholders in programs that are retransmitted from 4 March 2001.
Screenrights has concluded agreements with cable and satellite operators who retransmit free to air television broadcasts and radio broadcasts across their networks.
Screenrights has also concluded agreements for other retransmissions such as mobile TV and retransmissions in large residential developments and hospitals.
For pay television, the royalty rate is calculated by subscriber per month and is set at 22.5 cents for the retransmission of the five free to air networks and their affiliates.
Screenrights collects the licence fees, identifies the programs that are retransmitted and pays royalties to the rightsholders in these programs.
How the royalties are calculated
Screenrights uses a broadcast sample to identify the programs that are retransmitted in Australia. The broadcast sample accounts for regional variations in television programming.
The value of royalties derived from the retransmission of a television program is dependent on the duration of the program, how often it plays, the time of day it is broadcast, the television network on which it is aired and the extent to which that network is retransmitted throughout Australia.
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 retransmitted under the Australian retransmission service:
Component of TV program retransmitted 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 - Retransmission Royalties Distribution Policy, Info Sheet - Artistic Works
Claiming royalties under this service
If you own or control the right to retransmit a program in Australia you should register the program for retransmission royalties with Screenrights. To claim royalties for retransmitted 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. Download the Membership Kit here. It is free and simple.
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 retransmission royalties is to register your titles, or extend previous registrations to include the Australian Retransmission 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
Need to talk to someone?
If you are unclear whether you need to register for retransmission royalties, you can speak to the Member Services team on +61 2 9904 0133, email memberservices@screenrights.org or complete the Member Services Request Form.
More Information
- Retransmission Distribution Policy
- Retransmission Royalties
- 'Off the air' feature: "IPTV, MobileTV, PayTV - Who's retransmitting and how?"
Haa, Maori Television Service
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"Having the additional revenue stream certainly helps with projects that many broadcasters consider marginally commercial and that sometimes have a hard time finding funding. That is certainly true for New Zealand."
- Ray Waru Producer Whakapapa Productions Ltd
