faqs
Rightsholders
Want to know more about our services and how to maximise your royalties? Following is a list of frequently asked questions (FAQs). If your specific query is not addressed, please contact Member Services.
Screenrights cannot provide legal advice on general matters of copyright law, however in many cases, the Australian Copyright Council may be able to assist.
Questions are divided into the following areas:
- Use of your work
- Services
- Membership
- Title registration
- Payment
- Will I receive Screenrights Royalties each year
- Rights & royalties
Use of your work
I did not give permission for my program to be copied / communicated / retransmitted. Is this an infringement?
No. Under the Australian and New Zealand Copyright Acts educational institutions are allowed to copy from television and radio for educational purposes, but pay a licence fee in order to do so. Screenrights collects the licence fees and distributes royalties to the rightsholders for the use of their work.Educational institutions can also communicate copies made from television and radio for educational purposes.
In addition, Australian government departments are allowed to copy from television and radio broadcasts for government purposes, and the free to air networks are allowed to be retransmitted by another service, such as pay television. Screenrights facilitates payment to rightsholders for this use of their work through its Collection Services.
Services
What royalty collection services does Screenrights offer?
Screenrights currently administers a number of royalty collection services on behalf of rightsholders in film, television and radio programs. The educational, government and retransmission services ensure that rightsholders are paid for use of their work in circumstances where the individual administration of rights is not possible or practical. We also offer an international service for the collection of royalties held by overseas societies.
What additional services does Screenrights provide?
Screenrights, together with APRA/AMCOS, is the ISAN Australasia registration agency, providing a unique numbering system for the identification of audiovisual material. Screenrights also developed EnhanceTV, an online resource centre for educators.
What are the differences between 'Statutory Schemes' and 'Voluntary Schemes'?
Statutory Schemes are set up under an Australian statute (the Copyright Act) by the Australian Government. The Statutory Schemes that Screenrights administers are the Australian Educational Service, the Australian Government Service and the Australian Retransmission Service.
Voluntary Schemes are additional royalty collection services that Screenrights can administer on your behalf. They are voluntary because you must appoint us to act as your non-exclusive agent before we can do so. The Voluntary Schemes that Screenrights administers are the New Zealand Educational Service and the International Service.
Membership
Who receives Screenrights royalties?
Screenrights distributes royalties to the rightsholders in the programs that are copied, communicated and retransmitted under its Collection Services.
Screenrights' members are producers, distributors, sales agents, broadcasters, rightsholders in scripts, music, sound recordings and artistic works and other rightsholders in film, television and radio from all around the world.
Should I become a member of Screenrights?
If you are a rightsholder in an audiovisual work you are entitled to become a member of Screenrights. Membership is free.
If your program is broadcast on television in Australia or New Zealand, Screenrights recommends becoming a member and registering your titles.
Which name should I join under?
When you become a member of Screenrights, the name of the Membership Application must be the person or legal entity that owns or controls the rights in your programs.
Do you pass my membership details onto a third party?
Your membership details and any information on royalties earned are kept in confidence. This information is only available to authorised Screenrights employees who sign confidentiality agreements.
However, if your project is funded by a funding body Screenrights may report royalty payments for that title to the funding body. As the funding agencies are owners of copyright in the titles, they are entitled to receive information as to the royalties collected. This is not an exception to the principle of confidentiality for payments which is strictly adhered to by Screenrights.
My company name has changed - do I need to change my member name?
If the name of the entity that owns or controls the rights in your titles has changed then you will need to change your member name. Simply inform Screenrights in writing of the name change and provide a copy of the Certificate of Name Change (or international equivalent).
If your company has merged to form a new company, the new entity will need to become a member of Screenrights and you will need to provide a letter with instructions to transfer any registrations to the new company.
When should I resign my Screenrights membership?
You will only need to resign your membership if your company has been delisted. To resign your membership you will need to write a letter to the Secretary of Screenrights clearly stating the entity that is resigning.
Title registration
Should I register my program?
If your program is broadcast on television in Australia or New Zealand, Screenrights recommends the program be registered. You should check your contracts to determine whether you hold the relevant rights to claim Screenrights' royalties and register.
Screenrights can also collect royalties from around the world on your behalf. If your program has been broadcast outside of Australia and New Zealand, royalties may be collected for the retransmission or copying of the broadcast. If you own or control the rights for your program in other territories, you can appoint Screenrights to collect royalties on your behalf by registering your program and electing to participate in the International Service.
How do I register my feature film / documentary / short film / television series?
You must complete Screenrights' registration forms to register your titles. The registration forms capture the information required for identification of a variety of program formats.
Why must I indicate a claim for individual copyright components of my program?
A film contains a number of components protected by copyright including the film, script and sound recordings of commissioned music. When Screenrights distributes royalties to a title, the royalties are allocated to these components according to our distribution policy. By indicating a claim to a component, you are warranting to Screenrights that you own or control the right to claim the royalties for that component.
Do I need to complete a new Warranty (Form C) every time I register a title?
No. The Warranty (Form C) is a general warranty that only needs to be completed once.
What titles do I have registered with Screenrights?
You may request a report detailing your registrations by contacting Member Services.
If you have been paid royalties in the past for a title it does not necessarily mean the title is registered with Screenrights as you may have been paid on the basis of another document. Screenrights recommends reviewing your registrations with the Member Services team to ensure they are up to date.
How can I extend my registrations to include new royalty collection services?
You may request a report to update your registrations by contacting Member Services.
Screenrights recommends reviewing your registrations with the Member Services team to ensure that your titles are registered for all the Collection Services that you wish to participate in.
How do I ensure my programs are registered for retransmission royalties?
If you have registered your titles with Screenrights, your programs may already be registered for retransmission royalties. Screenrights' registration forms have included the Australian Retransmission Service since 2000.
However, Screenrights recommends reviewing your registrations with the Member Services team to ensure that your titles are registered for all the Collection Services that you wish to participate in.
Can I register my catalogue of titles electronically?
If you have an extensive catalogue of titles to register with Screenrights, you may contact the Member Services team to discuss a mass database transfer and whether this option is viable for you.
I've been paid royalties for my program, why isn't it registered?
You may have been paid royalties on the basis of another document such as a Copying Warranty or Communication Warranty. These warranties are restricted by:
- the territory of the royalty collection service;
- whether the warranty is for copying or communication; and
- the titles and rights (film, script, commissioned sound recordings) listed on the attached schedule.
These warranties enabled Screenrights to pay royalties quickly in the past, but they are limited and cannot be used to pay royalties under a different collection service.
Registrations are comprehensive. When registering you select the collection services you wish to participate in, you assert the rights that you can claim, the territories for which you can claim, and you provide information about your titles that enables positive identification.
Screenrights recommends reviewing your registrations with the Member Services team to ensure they are up to date.
Payment
How much money does Screenrights distribute every year?
The total distributable amount payable to copyright owners for the 2008/9 financial year was AUD$29.45 million.
How does Screenrights know whom to pay?
As trustee of the money that it collects, Screenrights must ensure that the royalties are paid to the correct person or entity.
We identify potential rightsholders in programs that have been copied, communicated and retransmitted by a variety of means, using:
- an extensive database of registered titles or titles we have paid in the past (existing warranties by Members);
- a range of external research databases;
- supplier information from the broadcaster;
- Internet research;
- industry resources; and
- industry knowledge.
Where Screenrights does not have an existing warranty from a member, it contacts the potential rightsholders. If a rightsholder can claim the royalties, they must first become a member of Screenrights. The member warrants that they own or control the relevant rights in the title for which there are royalties and indemnifies Screenrights in the event that they do not. Only then does Screenrights pay royalties.
Screenrights has a policy for multiple claims (56k) where more than one party makes a claim to a royalty.
See: In Brief - More Than One Claim To Royalties
How does Screenrights pay royalties to its members?
Screenrights pays royalties directly into a nominated bank account.
My program has been broadcast. Will I automatically receive royalties?
No. There are no "broadcast royalties".
Screenrights distributes royalties for educational copying and communication, government copying, private copying and retransmission under our Collection Services. There is no guarantee that a broadcast will result in royalties being paid under any of the Collection Services.
Will I receive Screenrights educational Royalties Each Year ?
If my program is copied, communicated or retransmitted, when will I be paid?
If your program accrues royalties under 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 (July to 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.
How much money will I get?
There is no means by which to determine the amount of royalties you may receive for your titles. Royalties are determined by a number of factors that vary depending on the Collection Service.
These factors can include:
- whether the program is copied, communicated or retransmitted;
- the type of program;
- the region or territory where the program is copied, communicated or retransmitted;
- the duration of the copy, communication or retransmission;
- the audience of the communication or retransmission;
- the time of day of the retransmission;
- the type of educational institution who made the copy or communication; and
- the system used by the educational institution to record their copying and communication.
How does Screenrights pay royalties to its members?
Australian and New Zealand members have the option of being paid by direct deposit or by cheque. Members outside of Australia and New Zealand are paid by cheque in Australian dollars.
When is Goods & Services Tax (GST) payable and how is it calculated?
GST applies to Australian residents only. There is no GST on royalties because a royalty is not a good or a service. However, there is GST on Screenrights' administration fee, which is a service. The GST is calculated as 10% of the administration fee only.
Who pays Royalty Withholding Tax (RWT)?
RWT is payable on payments under the Australian royalty collection services to non-residents of Australia and payments under the New Zealand royalty collection services to non-residents of New Zealand. The rate of RWT is set at 30% unless there is a double taxation agreement between the countries.
Rights and royalties
What types of royalties does Screenrights distribute?
Screenrights distributes royalties for educational copying and communication, government copying, private copying and retransmission under our Collection Services.
Under the Australian and New Zealand Copyright Acts, a film contains a number of components (also known as works). Screenrights allocates royalties to the film, the script, sound recordings, musical works, artistic works and broadcast signal.
What rights must I hold in order to claim royalties from Screenrights?
- Australian educational copying royalties: the relevant right is the right to copy the program (or the film, script, sound recordings, musical works and artistic works incorporated in the program) from television or radio in Australia.
- Australian educational communication royalties: the relevant right is the "right to communicate" the copy of the program (or the film, script, sound recordings, musical works and artistic works incorporated in the program) from television or radio in Australia.
- Australian government copying royalties: the relevant right is the right to copy the program (or the film, script, sound recordings, musical works, artistic works and broadcast signal incorporated in the program) from television or radio in Australia.
- Australian retransmission royalties: the relevant right is the right to retransmit the program (or the film, script, sound recordings, musical works and artistic works incorporated in the program) in Australia.
- New Zealand educational copying royalties: the relevant right is the right to copy the program (or the film, script, sound recordings, musical works, artistic works and broadcast signal incorporated in the program) from television or radio in New Zealand.
- International retransmission royalties: the relevant right is the right to retransmit the film in the relevant territory.
- International private copying royalties (also known as blank tape levy): the relevant right is the right to copy the film from a broadcast in the relevant territory.
- International other copying of transmission royalties (including educational copying): the relevant right is the right to copy the film from a broadcast in the relevant territory.
For more information, See In Brief - What Services Should I Register For?
What is an Artistic Work?
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: In Brief- Artistic Works, or contact our Artistic Works Coordinator.
I am currently negotiating a contract, how can I ensure that I am entitled to collect Screenrights royalties?
Ideally, agreements should address which party is entitled to claim Screenrights royalties at the time the agreement is entered into. Screenrights publishes suggested In Brief - Standard Contract Clauses that address who is entitled to royalties under the various services we administer.
I have appointed a distributor, who should be collecting Screenrights royalties?
If you have appointed a distributor you will need to check your contracts to ascertain who holds the relevant rights for each of the Collection Services that Screenrights administers.
I have appointed an agent, are they able to collect royalties on my behalf?
If you have appointed an agent you will need to check your contracts to ascertain who holds the relevant rights for each of the Collection Services that Screenrights administers. Where the agent controls the relevant rights, Screenrights will deal directly with the agent. You should note that appointing an agent may incur agent's fees or costs on top of Screenrights' administrative costs.
As the writer of a program, am I entitled to claim the script royalties?
Under the Australian and New Zealand Copyright Acts the writer is the first copyright owner in the script. However, in order to determine who is entitled to Screenrights' royalties, it is necessary to consider any agreements that have been entered into that concern the right to copy the script.
Ideally, when negotiating an agreement you should address who is entitled to claim the script portion of Screenrights royalties. Screenrights publishes suggested In Brief- Standard Contract Clauses that address who is entitled to royalties under the various services we administer.
As the director of a program, am I entitled to claim Screenrights royalties?
In 2005 the Copyright Act was amended to give directors limited rights in their films. The Copyright Amendment (Film Directors' Rights) Act provides for film directors to be joint copyright owners, along with producers, for the purpose of the Australian Retransmission Service only, from 19 December 2005.
Directors' rights only apply to programs that are not commissioned and where the director is not employed, unless a contractual agreement indicates that the director is a co-owner.
Sounds of Aus, Princess Pictures - SOA
quick links
The Screenrights royalties Red Ithaka received for Footy Chicks was extremely important. it has enabled us to recoup for our investor a substantial amount of money and we can use our percentage to fund the research and development of new documentary programs.
- Rebecca Barry Company Director Red Ithaka Productions
