EXPLANATORY STATEMENT
Subject - Copyright Amendment (Film Directors’ Rights) Act 2005
Proclamation
Schedule 1 of the Copyright Amendment (Film Directors’ Rights) Act 2005 (the Act) amends section 98 of the Copyright Act 1968 to give, for the first time, film directors, in certain circumstances, a share of the copyright in the films that they direct.
Subsection 2 (1) of the Act provides that Schedule 1 to the Act commences on a day to be fixed by Proclamation. However, if any of the provisions of Schedule 1 do not commence within six months of the date the Act receives the Royal Assent, those provisions will commence on the first day after the end of that six month period. The Act received Royal Assent on 8 November 2005 and the provisions, other than Schedule 1, commenced on that date.
The purpose of the Proclamation is to fix 19 December 2005 as the day on which Schedule 1 to the Act commences.
The amendments contained in Schedule 1 relate to the retransmission statutory licence in Part VC of the Copyright Act 1968. The retransmission statutory licence allows free-to-air broadcasts to be retransmitted without permission from copyright owners of works, films and sound recordings included in the broadcasts, provided the retransmitter pays equitable remuneration to the declared collecting society (Screenrights) for those copyright owners. Since free-to-air providers do not usually retransmit each others’ broadcasts, the scheme in practice applies only to pay-television providers who wish to retransmit free-to-air broadcasts.
By virtue of Schedule 1 to the Act, directors are able to share, as copyright owners, in remuneration payable by pay-TV services for the retransmission of their films in free-to-air broadcasts. The amendments apply to films that begin production after the commencement of Schedule 1 to the Act, but rights arising under contracts entered into before that date are preserved.
The commencement date enables film directors to enjoy the benefit of the amendments at an earlier date. The commencement date was determined after consultation with industry associations and copyright interest groups.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Overview
The Copyright Amendment (Film Directors’ Rights) Act 2005 was enacted to address the gap in the recognition of film directors’ rights in the copyright of films they direct. This legislation amends the Copyright Act 1968 to provide, for the first time, film directors with a share of the copyright in the films they direct under certain conditions. The Act was enacted by the Australian Parliament and aims to rectify an oversight in the existing copyright framework by giving directors a stake in the economic benefits derived from the retransmission of their films. The explanatory statement notes that the amendments, which are detailed in Schedule 1, were introduced to allow directors to share in the remuneration payable by pay-TV services for the retransmission of their films in free-to-air broadcasts. The Act received Royal Assent on 8 November 2005, with the provisions of Schedule 1 commencing on 19 December 2005 following a Proclamation. This commencement date was determined after consultation with relevant industry associations and copyright interest groups.
Scope and Application
The Copyright Amendment (Film Directors' Rights) Act 2005 pertains specifically to the recognition of film directors’ rights within the framework of the Copyright Act 1968. This Act introduces, for the first time, provisions that allow film directors to share in the copyright of the films they direct under certain circumstances. The application of this Act is primarily targeted at film directors who commence production of films after the commencement of Schedule 1, which was set to be 19 December 2005, as fixed by the Proclamation. The scope of the Act extends to the remuneration that pay-TV services must pay for the retransmission of free-to-air broadcasts, ensuring that directors can claim a share of this remuneration. While the Act received Royal Assent on 8 November 2005, the specific amendments in Schedule 1 commenced on 19 December 2005, with provisions ensuring that contracts entered into before this date remain unaffected. The geographic reach of this legislation is national, as it pertains to the Copyright Act 1968, which is a Commonwealth Act. There are no stated exclusions, exemptions, or thresholds in the Act itself, although the application of its provisions may be further defined through subordinate instruments or regulatory frameworks.
Key Provisions
The main operative sections of the Copyright Amendment (Film Directors’ Rights) Act 2005, as referenced in the Explanatory Statement, are particularly significant. Subsection 2(1) stipulates that Schedule 1 to the Act, which introduces the new provisions, commences on a day to be fixed by Proclamation, with a default date of six months post Royal Assent if not otherwise specified. Given the Royal Assent was received on 8 November 2005, and the Proclamation fixed 19 December 2005 as the commencement date for Schedule 1, this timeline ensures that the provisions become effective swiftly. Schedule 1 itself amends section 98 of the Copyright Act 1968, introducing for the first time the concept that film directors can share in the copyright of films they direct under certain conditions.
The Act imposes specific obligations on parties involved in the production and retransmission of films. For instance, film directors now have a share in the copyright of films that commence production after the commencement of Schedule 1, which allows them to participate in the remuneration paid by pay-TV services for the retransmission of their films. This amendment applies only to films produced after 19 December 2005, while rights under contracts entered into before this date are preserved. This ensures a balanced approach that acknowledges existing agreements while promoting new rights for directors.
Entities involved in the retransmission of free-to-air broadcasts must also comply with the statutory licence provisions in Part VC of the Copyright Act 1968. Pay-TV services that wish to retransmit free-to-air broadcasts must pay equitable remuneration to the declared collecting society, Screenrights, for the copyright owners. This remuneration scheme ensures that the interests of both the copyright owners and the retransmitters are considered.
In terms of consequences for breach, the Act does not explicitly outline criminal or civil penalties for non-compliance with the new provisions. However, the failure to adhere to the statutory licence and remuneration requirements could lead to legal disputes and potential financial liabilities. The Act’s focus is on providing clear rights and obligations, with the expectation that compliance will be voluntary and upheld to maintain fair practice within the industry.