PROPOSED CHANGES TO SCREENRIGHTS COMPETING CLAIM RESOLUTION PROCEDURES
Screenrights is seeking your feedback on proposed changes to the competing claims resolution procedures. Submissions are welcomed until 5pm AEST Friday 23 May 2025.
Proposed Updates in Brief
- Two new presumptions under the Express Resolution Process (ERP);
- Update to one presumption currently in use; and,
- Clarifications to the Assisted Resolution Process (ARP) based on learnings from its inaugural year ending 30 July 2024.
Overview of Current Competing Claim Resolution Procedures
When two or more members claim the same royalties, Screenrights will notify those members that there is a competing claim.
Members are encouraged to review their claims and to try to reach a resolution themselves. Members can also use the Screenrights Competing Claim Resolution Procedures (CCRP), which includes the Express Resolution Process (ERP) and Assisted Resolution Process (ARP) pathways.
The ERP provides express pathways to resolve certain competing claims by applying presumptions based on Australian copyright law, standard industry practice and industry-agreed contracts.
The ARP was developed in 2023 to assist members by providing a structured framework in which to communicate and resolve competing claims together. The ARP is a phased pathway initiated when a member requests assistance or when the ERP does not resolve a competing claim.
PROPOSED UPDATE 1: Updates to the Assisted Resolution Process (ARP), for clarity
The ARP has seen significant improvements in the resolution of competing claims since it was launched in July 2023. Under the previous Alternative Dispute Resolution (ADR) procedures before that, costs to resolve competing claims were inordinately high and timeframes too long. Following consultation with members, rhe Board approved a change of approach.
This has led to significant improvements in processing and payment of royalties to members. Of the more than 3,000 matters that entered the ARP since July 2023, only 1.7% are confirmed to be unresolved, with 2.2% of matters awaiting an outcome. That’s 96% confirmed as resolved, and costs are now minimal.
However, we have identified opportunities for further clarification and streamlining. The overall ARP structure remains the same. The proposed changes are designed to provide more guidance and clarity on the outcome of failure or refusal to engage in the process and the conditions under which withdrawn registrations may be reinstated.
The proposed updates are available here (PDF) and here (webpage) in mark-up.
PROPOSED UPDATE 2: Edit to Presumption 1 under the Express Resolution Process (ERP)
Presumption 1, which is currently in use, acknowledges that since 19 December 2005 directors of cinematograph films have been entitled to share in retransmission royalties, subject to specific exceptions set out in the Copyright Act. Subject to those exceptions and unless a contract provides otherwise, directors and producers are therefore both entitled to receive a share of the retransmission royalties for a film produced after 19 December 2005.
Presumption 11, which was introduced last year, also relates to a director’s claim to retransmission and presumes that the director is jointly (with the producer/s of a cinematograph film) eligible to receive statutory royalties for retransmission and, in the absence of any indication to the contrary, director/s and the producer/s are likely to share such royalties in equal shares as tenants in common, meaning that 50% of Statutory Retransmission Royalties allocated for film are payable to the director.
The proposed update to Presumption 1 makes it consistent with Presumption 11 and in doing so, clarifies its application and effect.
PROPOSED UPDATE 3: New Presumption 12 under the Express Resolution Process (ERP)
In December 2023, the Australian Competition and Consumer Commission (ACCC) authorised the Australian Writers Guild Authorship Collecting Society (AWGACS) to change its constitution to receive an assignment of rights to receive Secondary Royalties from its members.
The AWGACS Constitution was amended on 6 June 2024 to reflect this authorisation, and AWGACS then amended its membership agreement to require the assignment of future rights. Effectively, the AWGACS conditions of membership require a writer member to enter into an agreement assigning to AWGACS rights to Secondary Royalties which the Writer owns and all such future rights that the writer would own but for that agreement.
The effect is that a writer member of AWGACS signed under the new terms cannot assign their copyright to another party, such as a producer, as they have already assigned it to AWGACS.
Therefore:
- For the Script – or the underlying literary and dramatic works – in a film produced on or after 1 July 2024, it is reasonable to assume that, for members who have entered into the new agreement, AWGACS has been assigned the relevant rights via an assignment from the writer; and,
- If a scriptwriter is a member of AWGACS under the terms of the new membership agreement, AWGACS will be eligible to receive statutory royalties for Script.
It is proposed that a new presumption be added to the current set of presumptions, as set out below.
| Presumption 12 | Basis of Presumption | Reason for the application of Presumption | Test to determine if the Presumption is applicable |
|---|---|---|---|
| The membership assignment from writers to AWGACS of rights in scripts relating to Statutory Royalties applies and, therefore, Statutory Royalties allocated for a script of a cinematograph film that commenced production on or after the date of the member’s assignment are payable to AWGACS. The Presumption does not apply to any cinematograph films that commenced production prior to 1 July 2024. The Presumption, where applicable, overrides Presumptions 4, 5, 6 and 10. | The first owner of copyright in a script (including the rights relevant to Statutory Royalties) will generally be the writer/s – subject to any contrary provisions in the Copyright Act (including where works are created in the course of employment or under the direction of Commonwealth or State government). Following authorisation from the ACCC, AWGACS amended its Constitution in mid-2024 to make its membership conditional upon writers assigning to it all copyright they have in their existing and future works in relation to:
Therefore, for cinematograph films produced on or after the date of a writer executing an assignment to AWGACS, it is reasonable to assume that AWGACS, rather than the writer or the producer, is the owner of rights in the script relevant to Statutory Royalties and therefore eligible to receive Statutory Royalties allocated to the script. | The effect of the assignment required as a condition of AWGACS membership is that, from the date of the relevant assignment, AWGACS rather than the writer is the owner of the rights relevant to Statutory Royalties. In those circumstances, a writer cannot validly assign or license those rights to another party (including a producer). |
The application of the Presumption will be rebutted if the writer is demonstrated to have assigned copyright (or a relevant part of the copyright) in the script to a party other than AWGACS, prior to the writer executing the AWGACS membership deed of assignment. |
PROPOSED UPDATE 4: New Presumption 13 under the Express Resolution Process (ERP)
Under Australian law, the first owner of copyright in a script (including the rights relevant to Statutory Royalties) will generally be the writer/s – subject to any contrary provisions in the Copyright Act (including where works are created in the course of employment or under the direction of Commonwealth or State government).
Writer members of the French collective rights management organisation Société des Auteurs et Compositeurs Dramatiques (SACD) execute the “Acte D’Adhésion aux Statuts de la SACD” which provides for an assignment to SACD of the rights relevant to Screenrights’ Statutory Educational Royalties in the writer’s existing and future scripts.
Screenrights understands that French writers generally become members of SACD early in their careers.
Therefore, for French cinematograph films for which the script was written by a member of SACD, it is reasonable to assume that SACD, rather than the writer or the producer, is the owner of rights in the script relevant to Statutory Royalties and therefore eligible to receive Statutory Educational Royalties allocated to the script.
Statutory Royalties for the purposes of this Presumption means royalties collected by Screenrights pursuant to sections 113P and 183 of the Copyright Act (Cth). The entitlement to statutory royalties for retransmission is subject to an agreement between SACD and Agence Nationale de Gestion des Oeuvres Audiovisuelles and is therefore not the subject of this Presumption.
It is proposed that a new presumption be added to the current set of presumptions, as set out below.
| Presumption 13 | Basis of Presumption | Reason for the application of Presumption | Test to determine if Presumption is applicable |
|---|---|---|---|
| For Statutory Royalties* arising in relation to French cinematograph film productions, royalties for script are payable to AWGACS (collecting on behalf of Société des Auteurs et Compositeurs Dramatiques (SACD)), based on the assignment of rights from writers to SACD. | Under Australian law, the first owner of copyright in a script (including the rights relevant to Statutory Royalties) will generally be the writer/s – subject to any contrary provisions in the Copyright Act (including where works are created in the course of employment or under the direction of Commonwealth or State government). Writer members of SACD execute the “Acte D’Adhésion aux Statuts de la SACD” which provides for an assignment to SACD of the rights relevant to Statutory Royalties in the writer’s existing and future scripts. Screenrights understands that French writers generally become members of SACD early in their careers. Therefore, for French cinematograph films for which the script was written by a member of SACD, it is reasonable to assume that SACD, rather than the writer or the producer, is the owner of rights in the script relevant to Statutory Royalties and therefore eligible to receive Statutory Royalties allocated to the script. The entitlement to statutory royalties for retransmission is subject to an agreement between SACD and Agence Nationale de Gestion des Oeuvres Audiovisuelles and is therefore not the subject of this Presumption. | The effect of the assignment required as a condition of SACD membership is that, from the date of the relevant assignment, SACD rather than the writer is the owner of the rights in scripts relevant to Statutory Royalties. In those circumstances, a writer cannot validly assign or license those rights to another party (including a producer). |
The application of the Presumption will be rebutted if it is demonstrated that:
|
PROPOSED UPDATE 5: Update to the ERP and ARP timeframes
Current timeframes relating to the processes are published on our website. We are proposing to move from ongoing ERP assessments and ad hoc ARP requests to more structured timeframes. The proposed structured timeframes are intended to support better planning and management by promoting better organisation, communication, and resource allocation, leading to continued improvement of outcomes for members.
Each year:
- Screenrights will issue ERP notices by mid-August; and,
- All ARP requests must be received by 1 September (previously, this cut-off applied only to titles in the CCF Year).
Details of current timeframes are set out here.
MEMBER ENGAGEMENT PROCESS
How can I have my say on the proposed changes?
Screenrights is seeking your feedback on the proposed changes, specifically:
- Do you agree/disagree with the proposed changes?
- What other things should be considered in making any changes?
- What further information do you need to decide?
You can make a submission by:
- Completing an online survey here
- Requesting a consultation to discuss the proposed changes.
The closing date and time for submissions is 5pm AET Friday 23 May 2025.