This document provides an overview of screen and media law in Australia. It discusses categories of screen copyright including works like literary works, dramatic works, musical works, and artistic works. It also covers requirements for copyright, ownership and transfer of copyright, exceptions from infringement like fair dealing, and when copyrighted works can be used under exceptions. The document is intended to educate about the legal aspects of screen and media copyright in Australia.

1. Screen and Media Law
BOLAM LEGAL
Level 22, 69 Ann Street
L22, 69 Ann Street
BRISBANE 4000
Telephone: 3112 5230
Facsimile: 3112 5101
Email: reception@bolamlegal.com.au

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

3. Categories of Screen Copyright
• Works
– Literary works - novel, story, song lyrics, compilations, computer program etc
– Dramatic works - script, scenario or choreography
• Green v BCNZ – Concept for TV talent quest
– Musical works - notation of combination of sounds
– Artistic works - painting, sculpture, photograph, drawing, map,
building, model of building etc
• Merchandising Corp v Harpbond – facial make up
• Creation Records v News Group – Oasis record cover
• Other subject matter
– Film and sound recordings
– Television and sound broadcasts
• Performer’s Rights
• Moral Rights

4. Requirements for Copyright
• Expression in writing or in some material form – no copyright in ideas
• Original work
– Originate from the author - not copied
• Created by an Australian citizen/resident
• No registration required

5. Copyright Ownership and Transfer
• The author or maker is owner unless –
– Commissioned film
– commissioned photograph taken for private or domestic purposes
– work made by an employee in the course of usual duties
– copyright assigned by written agreement
• Joint Ownership
– Tate v Thomas – Musical play
• Presumptions of ownership
• Assignment & Licences
– Formalities
• Chain of Title

6. Development
Author of
original
• Option and
work Assignment
Screen • Writer
Writer
Agreement
Time
Critical
Footage
SQ or • Development
Broadcaster
Agreement

7. Financing
• Licence of copyright
Broadcaster • Fee and/or
Investment
• Investment
Film • Grant
Funding • Producer Offset Loan
Body • Copyright and
recoupment interest
Completion
Guarantor
• Program Licence
Distributor
• Cash flows Pre-Sale

8. Production
Director •Moral Rights
•Performance Release
Cast
•Composition
Music •Recorded Music
•Synchronisation
Archive •Licence
Footage
•Animation/Special
Effects
Crew •Art
Direction/Costumes

9. Exceptions from infringement
• Fair dealing as distinguished from US fair use doctrine
– Hubbard v Vosper – what is fair
• Criticism or review
– Pro Sieben v Carlton Television - chequebook journalism
– The Panel case – Criticism can be funny
• Reporting news
• Parody or satire
– Commonwealth Attorney General’s fact sheet
– Campbell v Acuff-Rose – Rap parody
• Research or study
– De Garis v Neville Jeffress Pidler – who is doing the research

10. When can I use a copyright work
• Incidental filming or televising
– Thompson v Eagle Boys – Pizza Hut box in TV advertisement
• Sculptures in public places
• Works of architecture
• Compulsory licence: recording cover version of previously released sound
recording
• Items out of Copyright