2. • Categories of Screen Copyright
• Requirements
• Copyright ownership and transfer
• Chain of title
• Exceptions from infringement
• When can I use a copyright work
Purpose
3. • Works
o Literary works – novel, story, song lyrics, compilations,
computer program etc
o Dramatic works – script, scenario or choreography
Green v BNCZ – Concept for TV talent quest
o Musical works – notation of combination of sounds
o 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
o Film and sound recordings
o Television and sound broadcasts
• Performer’s Rights
• Moral Rights
Categories of Screen Copyright
4. • Expression in writing or in some material form
– no copyright in ideas
• Original work
o Originate from the author – not copied
• Created by an Australian citizen/resident
• No registration required
Requirements for Copyright
5. • The author or maker is owner unless:
o commissioned film
o Commissioned photograph taken for private or domestic purposes
o Work made by an employee in the course of usual duties
o Copyright assigned by written agreement
• Joint Ownership
Tate v Thomas – Musical play
• Presumptions of ownership
• Assignment and Licences
• Chain of Title
Copyright Ownership and Transfer
6. 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 improved
post-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?
10. Exercise Two
A 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 interview
her 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, some
of the sculpture of the artist is on public display.
What legal issues should be considered by the film makers?
11. • 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
Exceptions from infringement
12. • Incidental filming or television
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
When can I use a copyright work
13. Peter Bolam | Consultant
P: +61 7 3223 9139
F: +61 7 3221 5518
E: peter.bolam@brhlawyers.com.au
For further information, please contact:
