Screen and Media Law

• Categories of Screen Copyright• Requirements• Copyright ownership and transfer• Chain of title• Exceptions from infringement• When can I use a copyright work

Purpose

• Workso Literary works – novel, story, song lyrics, compilations,

computer program etco Dramatic works – script, scenario or choreography

Green v BNCZ – Concept for TV talent questo Musical works – notation of combination of soundso Artistic works – painting, sculpture, photograph, drawing,

map, building, model of building, etc.Merchandising corp v Harpbond – facial make upCreation Records v News Group – Oasis record cover

• Other subject mattero Film and sound recordingso Television and sound broadcasts

• Performer’s Rights• Moral Rights

Categories of Screen Copyright

• Expression in writing or in some material form– no copyright in ideas

• Original worko Originate from the author – not copied

• Created by an Australian citizen/resident

• No registration required

Requirements for Copyright

• The author or maker is owner unless:o commissioned filmo Commissioned photograph taken for private or domestic purposeso Work made by an employee in the course of usual dutieso Copyright assigned by written agreement

• Joint OwnershipTate v Thomas – Musical play

• Presumptions of ownership

• Assignment and Licences

• Chain of Title

Copyright Ownership and Transfer

Exercise One

Three film makers have worked together to make a short film based on a published short story. Each contributed to the writing of the script. One acted as the director, one as the producer and the third was the principal actor. There were two additional actors and the film was shot in commercial premises borrowed from a relative. Commercial music was borrowed without permission for the sound track. The producers did not prepare any production documentation.

Sometime after the film was completed it was offered funding for improvedpost-production. Before funding will be provided the film makers are required to provide documents establishing the chain of title to the film.

Can you identify the copyright works and their owners and what will be needed to establish the chain of title?

Development

Author of original

work

• Option and Assignment

Screen Writer

• Writer Agreement

Time Critical

Footage

SQ or Broadcaster

• Development Agreement

Financing

Broadcaster• Licence of copyright• Fee and/or

Investment

Film Funding

Body

• Investment• Grant• Producer Offset

Loan• Copyright and

recoupment interest

Completion Guarantor

Distributor• Program Licence• Cash flows Pre-

Sale

Production

Director •Moral Rights

Cast•Performance Release

Music•Composition•Recorded Music•Synchronisation

Archive Footage

•Licence

Crew•Animation/Special Effects

•Art Direction/Costumes

Exercise TwoA group of film makers are considering making a film about a well-known painter and sculptor who has become a recluse. The artist has refused to be interviewed and has said that she does not want any of her works included in the film.

The film makers are planning to go to the artist’s home and attempt to interviewher or at least film her as they request an interview. As a fall back there is a filmed interview of the artist on the internet that has a Creative Commons licence. http://creativecommons.org.au/materials/factsheets/cc-licences.pdf

The group will have access to some of the artist’s paintings that she has sold. One of the interviewees has some photographs he took of the artist and some photographs taken by the artist which she gave to the interviewee. Finally, someof the sculpture of the artist is on public display.What legal issues should be considered by the film makers?

• Fair dealing as distinguished from US fair use doctrineHubbard v Vosper – what is fair

• Criticism or reviewPro Sieben v Carlton Television – chequebook journalism

The Panel case – Criticism can be funny

• Reporting news

• Parody or satireCommonwealth Attorney General’s fact sheetCampbell v Acuff-Rose – Rap parody

• Research or studyDe Garis v Neville Jeffress Pidler – who is doing the research

Exceptions from infringement

• Incidental filming or televisionThompson v Eagle Boys – Pizza Hut box in TV advertisement

• Sculptures in public places

• Works of architecture

• Compulsory licence: recording cover version of previouslyreleased sound recording

• Items out of Copyright

When can I use a copyright work

Peter Bolam | ConsultantP: +61 7 3223 9139F: +61 7 3221 5518E: peter.bolam@brhlawyers.com.au

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