Know Your Rights
International
The majority of royalties we collect come from our international collecting partners. These royalties are derived from the legal entitlements directors hold when their work is exploited in these territories. The rights granted to directors in foreign countries include:
Private copying;
Rental and public lending;
Simultaneous retransmission by cable or pay TV of primary broadcasts;
Communication to the public by means of technical equipment;
Pay-per-view, video on demand;
Communication in public places of radio and television programs;
Projection in cinemas and similar establishments;
Sale for private use; and/or
Use for educational purposes.
In many of these countries, it is not possible for screen directors to waive their right to remuneration, so if your work is exploited in these countries, it remains part of your ongoing income regardless of any domestic contractual agreements you may have made.
Domestic
Australia
In Australia, the Copyright Act 1968 recognises directors as a copyright owner for the right to include the film in a retransmission of a free-to-air broadcast (retransmission rights). This means directors are entitled to a share of the revenue when a title they direct is retransmitted after its initial free-to-air broadcast. Exceptions include employees and commissioned films.
ASDACS Assignment
On 28 August 2020, the Australian Consumer and Competition Commission granted authorisation to make ASDACS membership conditional upon directors assigning retransmission rights to it for a period of 5 years (effective 19 Sept 2020).
As a member, you assign your retransmission rights to ASDACS so the rights cannot be transferred to another party, such as a producer or distributor. ASDACS will then register your work with Screenrights (the mandated collection society for all screen royalties in Australia and New Zealand) on your behalf for retransmission royalties and collect the royalties generated by that work to distribute back to you.
New Zealand
Currently, the New Zealand Copyright Act does not grant any economic rights to directors.
Resources
Copyright Organisations
ACC - Australian Copyright Council
The Australian Copyright Council (ACC) is an independent, not-for-profit Community Legal Service (CLS) dedicated to promoting understanding of copyright law and its application
Arts Law - The Arts Law Centre of Australia
Arts Law is Australia’s independent national community legal centre for the arts, a not-for-profit company limited by guarantee. We provide free or low cost specialised legal advice, education and resources to Australian artists and arts organisations across all art forms, on a wide range of arts related legal and business matters.
WIPO - World Intellectual Property Organisation
The World Intellectual Property Organization (WIPO) is the United Nations agency that serves the world’s innovators and creators, ensuring that their ideas travel safely to the market and improve lives everywhere.