The SPA-AWG Series and Serials Agreement 1999 (1999 SASA) is an agreement between Screen Producers Australia (SPA) and the Australian Writers’ Guild (AWG), which came into effect on 1 July 1999 and was often used for series and serials that commenced production in Australia from 1 July 1999 until 31 December 2007. The agreement was superseded by the SPA-AWG Series and Serials Agreement 2008 which came into effect on 1 January 2008.
Screenrights arranged for an independent expert to review the 1999 SASA to determine the question of which of the contracting parties is entitled to receive Screenrights’ royalties for the literary and dramatic work under the agreement: the producer or the writer.
The review was conducted by Mr Matthew Darke SC. AWG and SPA both made submissions to Mr Darke.
Mr Darke determined that the 1999 SASA contains a reserved right to Statutory Royalties for the writer.
Based on the outcome of Mr Darke’s determination, Screenrights has introduced a new presumption under the Express Resolution Process (ERP) for the 1999 SASA, as follows: