1.1 The applicant applies to become a member of Screenrights.
2.1 By making this application, the Member acknowledges that it
(a) is bound by Screenrights’ Constitution as amended from time to time; and
(b) has read the Constitution, which is available at Screenrights’ Constitution.
3.1 The Member acknowledges that it must (to the satisfaction of Screenrights) complete, execute and return to Screenrights such forms as Screenrights may issue to the Member from time to time and that such forms form a part of and are incorporated into this Agreement. These may include such registration and other documentation as Screenrights may reasonably require from time to time including the provision of warranties additional to those given by the Member in this Agreement.
3.2 The Member must promptly inform Screenrights of any material changes to the information supplied concerning Registered Programs and of any circumstances of which the Member is or should be aware which may affect Screenrights’ performance of its obligations under this Agreement.
4.1 The Member is not entitled to transfer membership or any of the rights and privileges of membership to any other person.
5.1 The Member may, by notice in writing to Screenrights, terminate this Agreement (other than those terms which survive the termination of the Agreement).
5.2 If the Member ceases to be eligible for membership, Screenrights may, by notice in writing to the Member, terminate this Agreement (other than those terms which survive the termination of the Agreement) and remove the Member from its register of members.
5.3 Screenrights may terminate this Agreement by notice in writing to the Member if the Member is in material breach of this Agreement and such breach has not been rectified to Screenrights’ satisfaction within 30 days of Screenrights’ notice to the Member requiring it to do so.
6.1 The Member acknowledges that Screenrights operates as a collecting society for the purposes of and in accordance with declarations made from time to time under the Copyright Act 1968 (Cth) and related legislation and may collect monies on behalf of the Member in relation to the Statutory Collection Services as listed below:
- Australian Educational Service
- Australian Government Service
- Australian Retransmission Service
Screenrights also offers members the following Additional Collection Services as listed below that members may elect to participate in:
- New Zealand Educational Service
- International Service
Additional Collection Services
8.1 In the event that the Member elects to participate in any or all of the Additional Collection Services offered by Screenrights, the following Clauses 9 – 12 will apply to the nominated Additional Collection Services.
9.1 Subject to Clause 10, the Member grants Screenrights the right to act as its non-exclusive agent (whether in Australia or elsewhere) for the administration of the copyright in all Registered Programs, including:
(a) entering into agreements for the licensing of copyrights and the collection, allocation and distribution of royalties in relation to the Registered Programs;
(b) supplying information about Registered Programs to other persons;
(c) completing warranties as to ownership of the Copyright Material in the Registered Programs on behalf of the Member; and
(d) collecting royalties allocated by others in respect of the Registered Programs.
9.2 Screenrights has the sole discretion to determine the terms of any agreement made under Clause 9.1.
9.3 Subject to Clause 10, Screenrights may include all Registered Programs in all Additional Collection Services, whether offered at the time this application is made or subsequently. Where a collection service is materially different from services existing at the time of this application, Screenrights must notify the Member of the nature of the service at least one month before any Registered Programs are included in that service.
10.1 If the Member wishes to vary or withdraw any of its claims to royalties in respect of Copyright Material in a Registered Program, the Member may give not less than one month’s written notice to Screenrights instructing Screenrights not to license nor collect on its behalf for one or more Registered Programs:
(a) under particular collection services offered by Screenrights;
(b) to or from a particular person or class of persons; or
(c) other than on specified terms.
10.2 Screenrights must not enter into any licences contrary to a notice from the date a notice under this Clause takes effect.
10.3 The Member acknowledges that any notice given under this Clause does not affect the operation of licences or other royalty collection arrangements already in existence at the date such notice takes effect and that Screenrights is entitled to continue to collect fees payable under such licences or arrangements for a period of twelve (12) months from the date such notice takes effect.
11.1 Subject to this Agreement, the grant to Screenrights of the right to act as agent under this Agreement does not in any way inhibit the right of the Member to exercise its rights in Registered Programs under the Copyright Act 1968 (Cth).
11.2 The Member will have no right of action against Screenrights for failure to exploit any Registered Program.
12.1 The Member irrevocably appoints Screenrights to be the Member’s lawful attorney to bring actions in the Member’s name arising from or in connection with the rights of the Member in Registered Programs under the Additional Collection Services.
12.2 Screenrights will be responsible for the institution, conduct and settlement of any legal proceedings which it brings in the name of the Member.
12.3 Screenrights must indemnify the Member against any loss, cost, charge, liability or expense the Member may sustain or incur as a direct or indirect consequence of the exercise of any power under this Clause 12.
12.4 At all times, the Member must co-operate with Screenrights, including:
(a) providing Screenrights with any information reasonably requested by it for the preparation and prosecution of legal proceedings;
(b) making its employees available for the purposes of preparation for and conduct of legal proceedings; and
(c) promptly advising Screenrights of any action brought, notices or correspondence received and any other information relevant to the rights granted to Screenrights under this Agreement.
12.5 The Member ratifies and agrees to ratify everything done or caused to be done by Screenrights under Clause 12.
12.6 The Member acknowledges that Screenrights may, from time to time, bring and conduct actions in the name or names of members of Screenrights other than the Member and that Screenrights may deduct from the distribution funds all legal and other expenses incurred by Screenrights in bringing, conducting and/or settling such actions.
12.7 In the event of an action referred to in this Clause, the proceeds (if any) of such action, will be paid into the distribution funds and any such proceeds remaining after deduction of the legal and other expenses incurred by Screenrights in connection with such action will be applied in accordance with the Constitution as if such proceeds were monies collected by Screenrights under the Additional Collection Services.
13.1 The Member represents and warrants to Screenrights that, at the date of this Agreement and at the date any notice is delivered to Screenrights by the Member under this Agreement:
(a) it has full capacity and authority to enter into and fully perform this Agreement;
(b) it is entitled to authorise Screenrights to undertake any nominated Collection Services for the Relevant Rights in the Copyright Material for the duration, countries and language versions indicated in respect of the Registered Programs;
(c) it is, or is the authorised agent of, the legal and beneficial owner or exclusive licensee of the Relevant Rights in the Copyright Material in the Registered Programs;
(d) it is entitled to receive the percentage of funds claimed in the Copyright Material from the exercise of the Relevant Rights in the Registered Programs under any nominated Collection Service offered by Screenrights;
(e) all information provided in this Agreement is true and correct and does not infringe the rights of any third parties;
(f) all changes to the information concerning Registered Programs and new Registered Program information is incorporated into and forms part of the warranties contained in this Agreement; and
(g) all details included in notices delivered to Screenrights will be correct in every respect and kept up to date.
13.2 The Member agrees to immediately notify Screenrights in writing of any changes to information supplied in this Agreement or otherwise in relation to the Registered Programs.
13.3 The Member agrees to indemnify Screenrights and keep Screenrights indemnified against any costs and expenses (including reasonable legal costs and expenses) incurred in respect of defending or settling any actions, claims or demands arising from the breach of any warranties, representations or undertakings in this Agreement.
13.4 The Member must provide to Screenrights any documentation which may be requested by Screenrights from time to time to verify its warranties.
13.5 The representations, warranties and indemnities given in this Agreement and the rights and remedies available to Screenrights in relation to any breach of any condition, representation or warranty shall continue to be in force and survive the termination of this Agreement.
14.1 The Member acknowledges and agrees that:
(a) Screenrights will distribute any monies collected by it in accordance with its Distribution Policy, as amended from time to time, and the Member agrees not to contest nor dispute that distribution;
(b) receipt of payment in accordance with this Clause by the Member or the Member’s agent constitutes full and final satisfaction of Screenrights’ obligation to pay the Member;
(c) Screenrights will offer options to resolve competing claims in accordance with its competing claim resolution procedures, as amended from time to time, and the Member agrees that use of the procedures requires acceptance of requirements reasonably imposed by Screenrights from time to time, including contribution to costs of determinations and publication of determinations; and
(d) Screenrights may amend the terms and conditions of membership from time to time upon notice in writing to the Member. Continued use of the Collection Services following those amendments constitutes acceptance of those amendments.
16.1 Any notice required to be given under this Agreement by the Member to Screenrights must:
(a) be in writing and directed to the address of Screenrights as shown below or to such other address as has been most recently notified by Screenrights to the Member:
PO Box 853 Broadway NSW 2007;
Level 1, 140 Myrtle St Chippendale NSW 2008 Australia;
(b) be signed by a person duly authorised by the Member; and
(c) be written in the English language (or be supplied with a certified translation).
16.2 Any notice required to be given under this Agreement by Screenrights to the Member must be in writing and directed to the address or email address as has been most recently notified by the Member to Screenrights.
17.1 This Agreement and all forms completed in accordance with this Agreement shall be governed by the laws of the State of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the Courts of or exercising jurisdiction in that State.
In this Agreement:
Any terms used in this Agreement which are defined in the Copyright Act 1968 (Cth) or the Copyright Act 1994 (New Zealand) (respectively “the Act”) have their statutory meaning unless the context indicates otherwise.
Australian Educational Service means the collection services offered by Screenrights pursuant to Parts IVA Division 4 of the Copyright Act 1968 (Cth) for Australian Educational Copying Royalties and Australian Educational Communication Royalties:
Australian Educational Copying Royalties means royalties collected from the copying of Broadcasts by educational and other institutions;
Australian Educational Communication Royalties means royalties collected from the communication of Broadcasts by educational and other institutions.
Australian Government Service means the collection services offered by Screenrights pursuant to Part VII Division 2 of the Copyright Act 1968 (Cth) for Australian Government Copying Royalties:
Australian Government Copying Royalties means royalties collected from the copying of television and sound Broadcasts by government departments and agencies for the services of the Crown.
Australian Retransmission Service means the collection services offered by Screenrights pursuant to Part VC of the Copyright Act 1968 (Cth) for Australian Retransmission Royalties:
Australian Retransmission Royalties means royalties collected from the Retransmission of free-to-air broadcasts by retransmitters.
Broadcast means a broadcast as defined in the Act.
Collection Services means the Statutory Collection Services and any Additional Collection Services.
Communication Work means a transmission of sounds, visual images or other information or a combination of any of those for reception by members of the public and includes a broadcast or cable programme.
Constitution means the Screenrights Constitution as amended from time to time.
Copyright Material means the Film, Script and Commissioned Sound Recordings.
Commissioned Sound Recording means a sound recording of a musical work where the Member owns the copyright in the sound recording pursuant to a commissioning agreement or otherwise.
Film means a cinematograph film as defined in the Copyright Act 1968 (Cth) or as defined in the Copyright Act 1994 (NZ).
International Service means the collection of royalties from collecting societies operating in various territories around the world, including:
International Retransmission Royalties which means royalties collected for the retransmission of free-to-air transmissions of Registered Programs;
International Private Copying Royalties which means royalties collected for the private copying of transmissions or recordings of Registered Programs;
International Copying Royalties which means royalties collected for other copying of transmissions of Registered Programs including educational copying;
International Public Lending Royalties which means royalties collected for the public lending of Registered Programs;
International Public Performance Royalties which means royalties collected for the public performance of Registered Programs in public places such as shops, bars, fitness centres and hospitals in certain European territories.
New Zealand Educational Service means the collection services offered by Screenrights pursuant to section 48 of the Copyright Act 1994 ( NZ) for New Zealand Educational Copying Royalties and New Zealand Educational Communication Royalties:
New Zealand Educational Copying Royalties means royalties collected from the copying of Communication Works by educational establishments in New Zealand;
New Zealand Educational Communication Royalties means royalties collected from the communication of Communication Works by educational establishments in New Zealand.
Registered Program means a one-off television or radio program or series registered with Screenrights by a Member that contains Copyright Material.
Relevant Rights means in respect of each Registered Program of which the member is the owner or exclusive licensee, the following rights:
For the Statutory Collection Services:
Copyright in the Copyright Material and the right to receive equitable remuneration under the Act in relation to the Statutory Collection Services selected by the Member:
• Australian Educational Copying Royalties
• Australian Educational Communication Royalties
• Australian Government Copying Royalties
• Australian Retransmission Royalties
For the New Zealand Educational Service:
Copyright in the Copyright Material and the right to receive equitable remuneration under the Act in relation to the New Zealand Educational Service as selected by the Member:
• New Zealand Educational Copying Royalties
• New Zealand Educational Communication Royalties
For the International Service
The right to collect royalties from collecting societies which distribute royalties collected within their respective territories in relation to the Film rights in the Registered Programs for
• International Retransmission Royalties
• International Private Copying Royalties
• International Copying Royalties
• International Public Lending Royalties
• International Public Performance Royalties
Retransmission means a retransmission of a free-to-air broadcast where the content of the broadcast is unaltered and the retransmission is simultaneous with the original transmission; or if the retransmission is in an area that has wholly or partly, different local time to the area of the original transmission the retransmission is delayed until no later than the equivalent local time, as defined in the Copyright Act 1968 (Cth).
Script mean a literary or dramatic work as defined in the Act.
All other capitalised terms have the meaning given to them in the Constitution unless the context indicates otherwise.
In this Agreement the singular includes the plural and vice versa.