in brief
Royalties for artistic works used in programs
Are you an artist whose work was used in a film or television program? If so, you may be owed Screenrights royalties. This In Brief sheet explains what Screenrights royalties are, who the money is paid to, and how to register your works with us so that payment can be made as efficiently as possible. |
Screenrights royalties
Screenrights is a non-profit organisation that pays royalties to copyright owners from a number of sources. This includes royalties for educational copying from television in Australia and New Zealand, and for the online communication of these copied programs to staff and students. Royalties are also paid for the retransmission of free to air broadcasts by pay television, and for copying from television by government departments. In most instances royalties are collected under provisions of the Copyright Act allowing for the use of the program provided payment is made. Screenrights is appointed by the government to administer these provisions. If you would like more information see In Brief: What Services Should I Register For?
Who receives Screenrights royalties?
Every film or television program contains a number of works protected by copyright. Screenrights pays royalties to the rightsholders in the:
- Film
- Literary or dramatic works
- Musical works
- Sound recordings of musical works
- Broadcast signal
- Artistic works
What kind of works are ‘artistic works’?
In deciding whether a work is an artistic work, Screenrights follows the definitions in the Australian and New Zealand Copyright Acts. These definitions include: paintings, drawings, engravings, sculptures, photographs and other works of ‘artistic craftsmanship’.
How can I claim Screenrights royalties?
If your artistic work is used in a program broadcast on Australian or New Zealand television, you can register it with Screenrights. Contact Screenrights Visual Arts Coordinator for a registration form or download it from here. Alternatively, if you are a member of Viscopy you may also wish to check whether they have registered your work on your behalf. (www.viscopy.org.au).
Am I automatically paid money?
No. You will only be paid money if the program incorporating your work is copied, communicated or retransmitted. By registering where your artistic work has been used in a program you can help Screenrights to identify royalties owing to you now and in the future.
Who can claim artistic works royalties?
Screenrights can only pay royalties to the person or entity that owns or controls the relevant copyright in the artistic work. In most cases, the first owner of copyright in an artistic work is the artist. However, it may be necessary to examine any contracts dealing with the work to determine whether you own or control the rights to copy, communicate or retransmit the work.
How can I make sure I’m entitled to claim Screenrights royalties?
When you are negotiating agreements concerning the use of a work, you should specifically address who is entitled to claim Screenrights royalties. In drafting any agreement it is advisable to seek independent legal advice. You may wish to look at our In Brief sheet containing draft standard clauses.
Help us to help you
Screenrights works closely with the film and television industries and the arts community to ensure that the valuable input of artists into a wide range of programs is recognised and rewarded.
Viscopy (www.viscopy.org.au) and other societies representing rightsholders in artistic works are endeavouring to ensure the works of their members are registered with Screenrights. If you are unsure as to whether you are registered, both Screenrights and Viscopy are happy to help with your query. Just contact the relevant Member Services department.
More information?
Check out our other In Brief sheets. Our Member Services team is also happy to answer your questions. Email: memberservices@screenrights.org
