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Reasons for Application of the Presumptions

Reasons for Application of the Presumptions 2019-10-03T11:59:02+00:00

Reasons for application of the presumptions

Screenrights Express Resolution Process (ERP) is a framework for the timely resolution of Competing Claims which seem to be of a non-complex nature. The ERP utilises a simple set of presumptions based on principles of Australian copyright and contract law and standard industry agreements.

The following are summaries of the current presumptions and the tests involved in determining the applicability of one or more of them.

Presumption 1

  • Applicable to programs produced anywhere in the world

Under Australian copyright law, no share of Statutory Royalties is payable to the director for programs made prior to 19 December 2005 .

Test to determine if Presumption 1 is applicable:

  • The Film portion of retransmission is being claimed
  • One of the parties is claiming in the capacity of a director or directors only agent
  • The program was produced prior to 2005

Presumption 2

No longer in use.

Presumption 3

No longer in use.

Presumption 4

  • Applicable to children’s miniseries or series that commenced production in Australia on or after 1 July 2011

The SPA-AWG Children’s Television Agreement 2011 applies, and therefore the copyright comprised in the script is assigned to the producer without a reserved right to Statutory Royalties for the writer, meaning that Statutory Royalties allocated for script are payable to the producer or their assignee or successors in title (e.g. distributor or investor).

Test to determine if Presumption 4 is applicable:

  • The competing claim is in relation to script
  • One of the claimants is a writer or writers only agent
  • The other claimant is the producer or production company, or their assignee or successors in title
  • The program was produced in Australia
  • The program is a children’s television miniseries or series that commenced production on or after 1 July 2011

Presumption 5

  • Applicable to series or serials that commenced production in Australia on or after 1 January 2008 (excluding children’s television programs)

The SPA-AWG Series and Serials Agreement 2008 applies, and therefore the copyright comprised in the script is reserved for the writer, meaning that the Statutory Royalties allocated for script are payable to the writer/s of a script where the script is solely created by the writer/s.

Test to determine if Presumption 5 is applicable:

  • The competing claim is in relation to script
  • One of the claimants is a writer or writers only agent
  • The program is registered as a series other than a children’s program
  • The program was produced in Australia on or after 1 January 2008

Presumption 6

  • Applicable to miniseries or telemovies that commenced production in Australia on or after 1 January 2010

The SPA-AWG Miniseries and Telemovie Agreement 2010 applies, and therefore copyright comprised in the script is reserved for the writer and Statutory Royalties allocated for script are payable to the writer/s of a script where the script is solely created by the writer/s.

Test to determine if Presumption 6 is applicable:

  • The competing claim is in relation to script
  • One of the claimants is a writer or writers only agent
  • The program is registered as a mini-series or telemovie
  • The program was produced in Australia on or after 1 January 2010

Presumption 7

No longer in use.

Presumption 8

  • Applicable to programs registered with Screenrights by agents & representatives

As agents must have written authority signed by their principal (client) to claim Statutory Royalties on behalf of the principal, where a principal advises Screenrights that they have not specifically granted an agent the right to represent them in relation to certain rights or territories, the agent can not act in relation to those rights or territories.

Test to determine if Presumption 8 is applicable:

  • The Principal has advised Screenrights that they are not represented by the agent

Presumption 9

No longer in use.

Presumption 9 has been removed from the ERP and incorporated into the broader Competing Claim Resolution Procedures as a mechanism for applying earlier decisions as precedents to Competing Claims arising over the same rights. You can read more about the Past Determination Presumption in the CCRP at 3.5.

Presumption 10

  • Applicable to series or serials that commenced production in Australia on or after 1 July 1999 and on or before 31 December 2007.

The SPA-AWG Series and Serials Agreement 1999 applies, and therefore the copyright comprised in the script is reserved for the writer, meaning that the Statutory Royalties allocated for script are payable to the writer/s of a script.

Test to determine if Presumption 10 is applicable:

  • The competing claim is in relation to script
  • One of the claimants is a writer or writer’s only agent
  • The program is registered as a series
  • The program was produced in Australia on or after 1 July 1999 and on or before 31 December 2007

You can view the full current presumptions table here.