The Copyright Amendment (Film Directors Rights) Act 2005 amended the Copyright Act to grant directors a share of film retransmission royalties for films produced after 19 December 2005. However, the Act does not specify what the director’s share of the retransmission royalties is; it is for the parties to the agreement to specify the proportion in which the director and producer share the retransmission royalties.
There are a number of limitations on the application of the provisions:
- For films produced prior to 19 December 2005, there is no statutory entitlement of directors to a share of these royalties. As such, the 2005 amendments have no effect
- The amendments apply only to films that are not commissioned films. Copyright in a film made under a commission continues to be held by the commissioning party subject to any agreement to the contrary. Under the Copyright Act a film is “commissioned” if it is made in pursuance of an agreement for payment of valuable consideration to the maker of the film
- Directors who are employees generally will not hold rights – the director’s right will be held by the employer unless there is a contractual agreement to the contrary