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Sample Contract Clauses

Sample Contract Clauses 2018-04-28T16:52:25+00:00

Terminology

In these sample clauses, “Creator” is used to refer to the individual or company that created the original copyright material, such as the film, script, music or artistic work.,

If you are not the original creator of copyright material, but you are the an individual or company who has been assigned or exclusively licensed the right to receive Screenrights royalties in respect of the copyright material you may wish to use the term “Owner” in place of “Creator”.  In this case, it is important for the ‘Owner’ to check all contracts in the chain of title relating to the copyright material to ensure that they have actually been assigned or exclusively licenced the right to receive Screenrights royalties in respect of the copyright material.

Seek your own legal advice

The clauses and information contained on this page are provided only for the purposes of highlighting relevant legal considerations. They should not be relied on as a substitute for legal advice. Before acting on any matter, you should obtain legal advice from a qualified legal practitioner. Screenrights accepts no liability for any loss caused by reliance on the clauses and information contained below.

Collecting all Screenrights Royalties

If you wish to be paid all Screenrights royalties for a particular program, you will need to ensure that your agreements provide for this. You may wish to consider including one of the following clauses in any contract or arrangement you propose to enter into:

1. Royalty rights retained by the Creator

The Creator retains the right to receive all royalties from all collecting societies throughout the world, including Screenrights, in relation to any copyright arising out of this Agreement.

2. Rights assigned or licensed

The Creator [assigns to ENTITY NAME] OR [grants to ENTITY NAME] for [No.] years the right to receive all royalties from all collecting societies throughout the world, including Screenrights, in relation to any copyright arising out of this Agreement.

Educational and government royalties in Australia and New Zealand

The following suggested clauses address who is entitled to collect educational and government royalties:

1. Royalty rights retained by the Creator

Australia: The Creator retains the right to receive educational royalties under Part IVA Division 4 and government royalties under section 183 of the Copyright Act 1968 in relation to any copyright arising out of this Agreement.

New Zealand: The Creator retains the right to receive royalties payable under section 48 of the Copyright Act 1994 in relation to any copyright arising out of this Agreement.

2. Royalty rights assigned or licensed

Australia: The Creator [assigns to ENTITY NAME] OR [grants to ENTITY NAME] for [No.] years the right to receive educational and government royalties under Part IVA Division 4 and section 183 of the Copyright Act 1968 respectively in relation to any copyright arising out of this Agreement.

New Zealand: The Creator [assigns to ENTITY NAME] OR [grants to ENTITY NAME] for [No.] years the right to receive educational royalties under section 48 of the Copyright Act 1994 in relation to any copyright arising out of this Agreement.

Retransmission royalties in Australia

The following suggested clauses address who is entitled to collect Australian retransmission royalties:

1. Royalty rights retained by the Creator
The Creator holds the right to receive retransmission royalties in Australia under Part VC of the Copyright Act 1968 in relation to any copyright arising out of this Agreement.

2. Royalty rights assigned or licensed
The Creator [assigns to ENTITY NAME] OR [grants to ENTITY NAME] for [No.] years the right to receive retransmission royalties in Australia under Part VC of the Copyright Act 1968 in relation to any copyright arising out of this Agreement.

Since 2005, the Copyright Act 1968 has granted directors of films a share of film retransmission royalties in certain cases. Directors may use the above clauses to clarify whether they can claim this money. It should be noted, however, that the Copyright Act does not clearly specify what the director’s share of the retransmission royalties is; so it is preferable for parties to the agreement to specify the proportion in which the director/s and producer/s share the retransmission royalties.

International royalties

The following suggested clauses address who is entitled to register for international royalties collected by Screenrights:

1. Royalty rights retained by the Creator
The Creator retains the right to receive all royalties collected by Screenrights from other copyright collecting sources throughout the world, in relation to any copyright arising out of this Agreement.

2. Royalty rights assigned or licensed
The Creator [assigns to ENTITY NAME] OR [grants to ENTITY NAME for [No.] years the right to receive all royalties collected by Screenrights from other copyright collecting sources throughout the world, in relation to any copyright arising out of this Agreement.

Joint Authorship

Where you are a joint rightsholder with another person or company, or the work is otherwise jointly owned, you may wish to use the following clause:

The Creator and ENTITY NAME hold, as tenants in common throughout the world, the right to receive all royalties from all collecting societies in relation to any copyright arising out of this Agreement in the following proportions:

(a) Creator [No.]%; and

(b) ENTITY NAME [No.]%.