OUTCOME OF CONSULTATION: COMPETING CLAIMS RESOLUTION PROCEDURES PROPOSED CHANGES 2025
Screenrights recently shared details of proposed updates to the Competing Claim Resolution Procedures (CCRP) and invited members to provide feedback via email or a survey, which included an opportunity to provide long-form comments. The purpose of consulting with members was to help assess the impact of the proposed updates on the membership and whether or not to adopt or amend the updates.
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.
In summary, as a result of the feedback, the proposed updates will be introduced on 1 July 2025 with the following modifications:
- Timeframes – based on concern expressed by members who manage significant volumes of competing claims, Screenrights will offer two (2) rounds each year rather than the proposed one (dates set out below); and,
- Further review – to address some concerns about the application of the new presumptions, Screenrights will continue to monitor the effectiveness of these updates as per usual, and conduct another review in 2026.
Full details of the proposed updates are available here, and summarised briefly below with an overview of the feedback received from members, the outcome of this feedback and next steps.
PROPOSED UPDATE 1: Updates to the Assisted Resolution Process (ARP) for clarity
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more guidance and clarity on the outcome of failure or refusal to engage in the process and the conditions under which withdrawn registrations may be reinstated.
OUTCOME
The response to the proposed updates was overwhelmingly supportive. As a result, Screenrights is proceeding with these updates for clarity.
PROPOSED UPDATE 2: Edit to Presumption 1 under the Express Resolution Process (ERP)
The proposed update to Presumption 1 in relation to directors’ claim to a share of Retransmission royalties makes it consistent with Presumption 11 and in doing so, clarifies its application and effect:
For cinematograph films made prior to 19 December 2005, no share of Statutory Royalties is payable to the director, but from that date a share of Statutory Royalties for retransmission is payable to the director subject to the exceptions set out in s98 of the Copyright Act.
This Presumption 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 eligible to receive statutory royalties for retransmission and, in the absence of any indication to the contrary, the director/s and 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/s.
OUTCOME
The response from members was varied, with clarification being sought as to whether the directors’ rights provision that underpins Presumptions 1 and 11 applies only to Australian productions. The Australian Copyright Act protects both films made by Australian citizens and residents, and foreign films where the maker is a citizen or resident of a country which is a party to an international copyright treaty. In practice most countries are now members of the Berne Convention, the UCC Convention or the WTO, and therefore most foreign films will be protected under Australian copyright law.
Foreign directors will therefore be entitled to claim the directors’ copyright in the same way that Australian directors may assert their claim.
Screenrights is proceeding with the updates to Presumption 1, and will monitor on an ongoing basis the significance and effectiveness of all current and new Presumptions, with a comprehensive review in 2026.
PROPOSED UPDATE 3: New Presumption 12 under the Express Resolution Process (ERP)
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.
OUTCOME
The response from members was varied, with concern that it would be difficult for Screenrights to correctly apply the Presumption because of the difficulty determining the condition that a film commenced production on or after the date of the writer’s assignment to AWGACS. There was also concern about undue burden on other rightsholders to rebut the application of the Presumption.
Screenrights is proceeding on the basis that:
- ‘Commenced production’ means when filming (principal photography) begins;
- The ERP Evidence Submission form will be modified to allow the party seeking to rebut the application of a Presumption to provide the date the program commenced production; and,
- A provision will be added to the CCRP clarifying that if any condition necessary for the application of a Presumption is shown to have been incorrect, the matter will be removed from a formal pathway and the Presumption dropped as a potential means to resolve the competing claim.
Screenrights is proceeding with the introduction of Presumption 12, and will monitor on an ongoing basis the significance and effectiveness of all current and new Presumptions, with a comprehensive review in 2026.
PROPOSED UPDATE 4: New Presumption 13 under the Express Resolution Process (ERP)
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.
OUTCOME
Concern was expressed that it would be difficult for Producers to be able to prove when a Writer became a member of SACD and that this would place an unfair burden of proof on them. They requested that identification of this Presumption as potentially resolving a competing claim should be on the basis that SACD membership adhesion dates are confirmed. There was also concern that Writers may inadvertently be caught in between contractual undertakings to Producers and commitments made under membership adhesion to SACD.
Screenrights is proceeding with the introduction of Presumption 13, and will monitor on an ongoing basis the significance and effectiveness of all current and new Presumptions, with a comprehensive review in 2026.
PROPOSED UPDATE 5: Update to the ERP and ARP timeframes
We proposed to move from ongoing ERP assessments and ad hoc ARP requests to more structured timeframes to support better planning and management by promoting better organisation, communication, and resource allocation, leading to continued improvement of outcomes for members. We proposed that, each year:
- Screenrights would issue ERP notices by mid-August; and,
- All ARP requests would need to be received by 1 September (previously, this cut-off applied only to titles in the CCF Year).
OUTCOME
Based on concerns expressed by members who are party to significant volumes of competing claims, Screenrights will offer two (2) rounds each year rather than the proposed one. As a result, each year:
- Screenrights will issue ERP Round 1 notices by mid-August
- Round 1 general ARP requests must be received by 1 September (this cut-off also applies to all titles in the CCF Year)
- Screenrights will issue ERP Round 2 notices by mid-February
- Round 2 general ARP requests must be received by 1 March (no CCF requests will be accepted)
NEXT STEPS
The new updates will be introduced on 1 July 2025, when the updated CCRP will be made available
Details of the new timeframes will be made available here.