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Frequently Asked Questions: Competing Claims

Frequently Asked Questions: Competing Claims 2020-02-06T16:06:52+10:00
What is a competing claim? 2020-02-06T09:06:27+10:00

A competing claim arises when Screenrights has received two or more registrations for the same royalties.

What are statutory royalties? 2020-02-06T09:06:07+10:00

Statutory Royalties are Screenrights royalties for educational use, government use and retransmission under the Australian Copyright Act, and for educational use under the New Zealand Copyright Act.

Why have I received a competing claim notification now about a program I registered some time ago? 2020-02-06T09:15:00+10:00

First of all, well done to you for registering proactively – it helps us keep costs low and distribute royalties efficiently, so thank you.

There are two main reasons why a competing claim has arisen now, and not before:

  1. A new claim has been received from another member. Members of Screenrights can register programs at any time. In this case, another member has recently registered the program and we’ve identified that there is a competing claim over payable royalties.
  2. There are now royalties payable. Generally, we will only notify you about a competing claim if there are royalties payable.
Why is someone else claiming royalties for a program where I hold the rights? 2020-02-06T09:15:46+10:00

Screenrights members can register their claim to royalties at any time. When a member registers a program they provide warranties as to the accuracy of their claim under their Membership Agreement.

Just like you, the other member has registered that they are entitled to the royalties. Screenrights accepts both registrations in good faith and notifies the parties that there is a competing claim to royalties.

I have no idea where the agreement for that program is – that was years ago – what now? 2020-02-06T09:16:44+10:00

A missing agreement does present obstacles. If you cannot locate your agreement it does become harder to confirm your own position and to support that position with evidence.

We recommend that you:

  1. ask your legal representative if they have access to the agreement;
  2. ask the other party to the agreement if they can provide you with a copy; and/or
  3. search for any draft versions of the agreement or correspondence relating to the agreement.

You can also ask the other party to the competing claim to support their position by providing their agreement or a relevant excerpt.

As a proactive step for the future we recommend scanning copies of your agreements and storing these digitally for ease of access.

How is it that I have a competing claim with myself? 2020-02-06T09:18:01+10:00

This can be confusing, we agree.

It may appear that you have a competing claim with yourself in circumstances where an agent is claiming on your behalf and you are also claiming royalties directly with Screenrights.

There are two ways to resolve this type of competing claim:

  1. Contact the agent and ask them to withdraw. Agents act under instruction from principals (which is you in this circumstance). You can instruct your agent, subject to any arrangements you have entered into with them, to withdraw their claim on your behalf. This will release the royalties directly to you.
  2. Withdraw your direct claim with Screenrights. Alternatively, if you would like the royalties to be released to your agent then you will need to withdraw your registration with Screenrights.

Sometimes there can be a question over agency representation. Get in touch with the Resolutions Team if you do not believe that you have authorised the agent to act on your behalf.

Why do I have a competing claim for a small amount? 2020-02-06T09:18:32+10:00

We tell you about all your competing claims regardless of the value. We bring all competing claims to your attention so that you are aware of them and can take steps to resolve them.

What happens if I am unable to resolve a competing claim prior to the deadline? 2020-02-06T09:19:26+10:00

If the competing claim remains unresolved at the deadline then the amount of the deadline royalties expires and is lost to both parties. The royalties are rolled into the next pool of royalties made available for distribution and then reallocated.

If you have previously been paid some or all of the deadline royalties for the program you may be asked to substantiate your claim or return the royalties to Screenrights.

The competing claim has been resolved in my favour. How soon will it be before I receive the royalties? 2020-02-06T09:21:47+10:00

Once the competing claim is resolved the royalties will be paid in the next available payment run.

Payment runs currently take place four times a year in the last week of March, June, September and December.

Can you tell me how much you’ve paid the opposing member of the competing claim? 2020-02-06T09:22:17+10:00

No, due to obligations of confidentiality, the Australian Privacy Principles under the Privacy Act 1988 and Screenrights’ Privacy Policy, Screenrights cannot disclose the financial information of one member (which includes the amount of individual payments to a member) to another member unless that member consents to such a disclosure.

Why was the value of the competing claim on MyScreenrights different to the amount I was paid? 2020-02-06T09:22:54+10:00

Occasionally the amount paid to you may be different from the estimated value of a competing claim on MyScreenrights.

The estimated value of a competing claim on MyScreenrights could be different to the subsequent amount paid to you for one (or both) of the following reasons:

  1. The amounts on MyScreenrights for competing claims are estimates only. The estimate assumes that the competing claim is resolved 100% in your favour. If your claim is less than 100%, you can expect less than 100% of the estimated value.
  2. The total estimated amounts includes royalties already paid to you. If you have already been paid royalties for the program you will be able to see this on the competing claim in MyScreenrights. We provide a breakdown on any amounts paid and unpaid, however the total estimated amount put into the question by the competing claim includes both paid royalties and unpaid royalties.
If I was already paid royalties does this mean I might have to pay them back? 2020-02-06T09:23:39+10:00

If you have already been paid royalties for a program and there is now a competing claim to those royalties you may need to return these royalties to Screenrights.

Of course, this will depend on the outcome of the competing claim. If the competing claim is resolved in your favour then the royalties have already been paid appropriately and you will not need to repay those royalties to Screenrights.

If the competing claim is resolved in favour of the other party, either in part or in full, then you will need to repay any affected royalties to Screenrights. Normally this repayment takes the form of an adjustment against a future payment, however you can elect to repay the royalties immediately to Screenrights by requesting an invoice.

Why is there a need for the Express Resolution Process (ERP)? 2020-02-06T09:25:22+10:00

Screenrights has taken into account feedback from members who have found that resolving competing claims is time consuming and costly. The Express Resolution Process (ERP) aims to improve efficiency and fairness where a presumption is able to be applied based on the registration information relating to the competing claims.

What is the legal basis for the Presumptions under the ERP? 2020-02-06T10:08:18+10:00

The Presumptions under the ERP are based on a recognition of principles of Australian copyright law, industry agreed contracts and industry practice. Under Australian copyright law, Statutory Royalties are payable to the copyright owner in a work and copyright ownership in a work may be completely assigned. A contract may however indicate that Statutory Royalties are payable to a person other than the copyright owner in a work.

The position differs under the laws of some countries, which provide for a right to receive certain royalties based on authorship in a work rather than ownership of copyright.

Which industry agreed contracts does the ERP reference? 2020-02-06T09:35:22+10:00

The Presumptions currently acknowledge the following Australian industry agreed contracts, which relate to the payment of specific Statutory Royalties to the writer of a script:

  • SPA-AWG Series and Serials Agreement 2008
  • SPA-AWG Miniseries and Telemovie Agreement 2010
  • SPA-AWG Children’s Television Agreement 2011
I am a screenwriter. How does the ERP affect me? 2020-02-06T09:38:12+10:00

The ERP contains a number of Presumptions relating to screenwriters.

These include:

  • Screenwriters of Australian Television Series or Serials. If you are a screenwriter who worked on an Australian television series or serial that commenced production on or after 1 January 2008, under the Express Resolution Process (ERP) you have a presumption in your favour (Presumption 5). This means the other claimant must challenge the presumption in accordance with the ERP.
  • Screenwriters of Australian Miniseries or Telemovies. If you are a screenwriter who worked on an Australian miniseries or telemovie that commenced production on or after 1 January 2010, under the ERP you have a presumption in your favour (Presumption 6). This means the other claimant must challenge the presumption in accordance with the ERP.
  • Screenwriters of Australian Children’s Television. If you are a screenwriter who worked on an Australian children’s television series that commenced production on or after 1 January 2011, under the Express Resolution Process (ERP) there is a presumption not in your favour (Presumption 4). This means you must challenge the presumption in accordance with the ERP if you believe that you have retained the right to collect script royalties.
  • Screenwriters of Australian Cinematographic Films, Documentaries and Short Programs. Should standard industry screenwriter contracts be agreed for Australian feature films, documentaries, children’s television programs or short programs that provide for payment of Screenrights royalties to screenwriters, the ERP will be updated to reflect this arrangement. This means a new presumption would be created.
  • Screenwriters of New Zealand Programs. Should standard industry screenwriter contracts be agreed for New Zealand programs that provide for payment of Screenrights royalties to screenwriters, the ERP will be updated to reflect this arrangement. This means a new presumption would be created.
I am a director. How does the ERP affect me? 2020-02-06T09:39:24+10:00

Currently, the ERP has no direct effect on local or foreign directors claiming royalties for retransmission on films made on or after the date that a director’s right was recognised under the Copyright Act, being 19 December 2005.

Should a standard industry contract be agreed in Australia or New Zealand that provides for a specific share to directors of retransmission royalties, the ERP will be updated to reflect this arrangement. This means a new presumption would be created.

Until such time, Screenrights relies on directors and other rightsholders to tell us what proportion of the retransmission royalty share each member is entitled to. Screenrights strongly advises members to ensure that their contracts specify the proportions in which directors and producers are to share retransmission royalties.

Does the ERP change the way members are notified of a competing claim? 2020-02-06T09:40:07+10:00

No. Members are still notified of competing claims via MyScreenrights and are encouraged to try to resolve the competing claims amongst themselves.

How will I know if a competing claim can be resolved under the ERP? 2020-02-06T09:40:40+10:00

If Screenrights identifies that a Presumption applies to a competing claim, Screenrights will send a written notification to all parties involved.

All competing claims under review as part of the ERP will also be flagged on MyScreenrights.

Can all competing claims be resolved under the ERP? 2020-02-06T09:41:21+10:00

No, not all competing claims can be resolved under the ERP. The ERP is initiated in cases where there is a presumption that is applicable based on the registration information relating to the competing claims.

What is sufficient evidence under the ERP? 2020-02-06T10:07:38+10:00

Screenrights will consider any evidence that may overturn or put a presumption into question. This may include a contract or an extract of key terms that challenges the basis of a presumption.

Are there set times throughout the year that the ERP will be applied to a competing claim? 2020-02-06T09:43:37+10:00

The ERP may be applied to a competing claim at any time during the six open distribution years.

We prioritise high and medium value competing claims, and any competing claim with royalties subject to the next deadline. Competing claims are reviewed in this order to ensure members still have time to resolve their competing claims under the Alternative Dispute Resolution (ADR) Procedure.

What are the timelines involved in the ERP? 2020-02-06T09:44:03+10:00

As a general guide, members are given 60 days to respond to a request for a written application. Screenrights will advise of the outcome of the written application within 30 days of receipt.

Does the ERP recognise that there may be more than one rightsholder in royalties applicable to a program? 2020-02-06T09:44:50+10:00

Yes. The ERP acknowledges that copyright is assignable under Australian copyright law and that there may be multiple copyright owners in a program. Some copyright owners may contractually grant the right to receive royalties to a person who is not necessarily a copyright owner.

Does the timing of my registration of a claim affect the availability of the ERP? 2020-02-06T09:45:26+10:00

Yes. While it is possible to register a claim for deadline royalties up to 30 April in the relevant year, such late registrations do not allow sufficient time for the ERP to operate. However, in these circumstances members may use the ADR Procedure for Competing Claims.

We encourage and appreciate early, proactive registrations.

I think my competing claim can be resolved under the ERP – can I ask Screenrights to review it? 2020-02-06T09:46:04+10:00

You can ask Screenrights to review your program registration information to determine if a Presumption applies under the ERP. However, priority will be given to the review of competing claims subject to a deadline.

What happens if I do not make an application to overturn a presumption under the ERP? 2020-02-06T10:07:09+10:00

If you do not make an application or make an application within the set timeline, then the Presumption stands and the royalties will be paid to the party who has the Presumption in their favour.

You are welcome to make an application at any time in an effort to overturn the Presumption in relation to any future royalties. However, until your application is successful, Screenrights may continue to pay royalties to the other party.

I have made an application to overturn a presumption under the ERP – what happens now? 2020-02-06T10:06:25+10:00

Within 30 days of submitting your application, Screenrights will let you know whether you have provided sufficient evidence to overturn the Presumption or put the Presumption into question. Screenrights will also notify you of the next steps to be taken.

What happens if I make an application to overturn an ERP presumption but cannot provide sufficient evidence? 2020-02-06T10:06:46+10:00

If you make an application but cannot provide sufficient evidence to overturn the Presumption or put the Presumption into question, Screenrights may pay the royalties to the other party.

You are welcome to make another application at any time in an effort to overturn the Presumption in relation to any future royalties. However, until your application is successful, Screenrights may continue to pay royalties to the other party.

What happens if both members provide sufficient evidence to support their position under the ERP? 2020-02-06T09:48:11+10:00

If both or all parties to a competing claim provide sufficient evidence to support their position under the ERP then there are no further avenues for resolution under the ERP.

If this happens the parties can continue to resolve the competing claim between themselves or initiate the Alternative Dispute Resolution (ADR) Procedure.

My competing claim is being reviewed under the ERP. Can I still seek to resolve the competing claim directly with the other party? 2020-02-06T09:48:35+10:00

Yes, absolutely. We encourage you to make contact with the other party and seek to resolve the competing claim.

One or more of my competing claims is being reviewed under the ERP. When will my other competing claims be reviewed? 2020-02-06T09:49:22+10:00

The ERP may be applied to a competing claim at any time during the six open distribution years.

We prioritise high and medium value competing claims, and any competing claim with royalties subject to the next deadline. Competing claims are reviewed in this order to ensure members still have time to resolve their competing claims under the Alternative Dispute Resolution (ADR) Procedure.

You can ask Screenrights to review your program registration information to determine if a Presumption applies under the ERP. However, priority will be given to the review of competing claims subject to a deadline.

When did the ERP officially take effect? 2020-02-06T10:12:18+10:00

The Express Resolution Process (formerly Express Dispute Resolution Process) came into effect on 1 September 2015.

Will the ERP be reviewed and updated regularly? 2020-02-06T10:12:44+10:00

Yes. Like all Screenrights policies and processes, the ERP and its Presumptions will be reviewed on a regular basis. The ERP can be updated to reflect any new relevant industry agreed contracts.

When did the ADR come into effect? 2020-02-06T10:13:09+10:00

The ADR came into effect in 2003.

How often is the ADR reviewed? 2020-02-06T10:13:54+10:00

Screenrights regularly reviews its resolution procedures as a means of ensuring these processes are transparent, fair and cost-effective. A general evaluation of the broader framework of Screenrights’ Competing Claim Resolution Procedures was undertaken in late 2016, which included a review of the ADR. However, Screenrights always welcomes your feedback and suggestions on these procedures and how they may be improved.

I just received a notice from MyScreenrights informing me that there is a competing claim, what do I do? 2020-02-06T14:16:11+10:00

We’ve put together our recommended steps to a successful resolution to help you get started.

I believe that I hold the rights. Can I just send you my agreements? 2020-02-06T14:17:17+10:00

No. As much as we’d like to assist you towards a speedy resolution of your competing claim we are unable to accept and review documents unless submission is part of a competing claim resolution procedure.

We’ve put together our recommended steps to a successful resolution to help you get started.

If you find that you are unable to reach a resolution by discussions with the other party we recommend that you explore your options under the Alternative Dispute Resolution Procedure.

How can I amend my claim? 2020-02-06T14:18:56+10:00

You can update your registrations on MyScreenrights at any time.

Will an email outlining changes to be made to my registration suffice? 2020-02-06T14:20:04+10:00

No, we do not accept variations to registrations or withdrawals via email alone.

We ask that you use MyScreenrights to vary or withdraw your registrations, which ensures your amendments are both accurately documented and authorised.

How do I withdraw my claim? 2020-02-06T14:20:54+10:00

You can withdraw your registrations on MyScreenrights at any time.

What is a “presumption” under the ERP? 2020-02-06T14:21:58+10:00

“Presumption” refers to the circumstances where it can be presumed that it is more likely that royalties should be paid to a particular rightsholder. Learn more by reading about the Express Resolution Process.

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