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SCREENRIGHTS SUBMISSION TO THE HOUSE OFREPRESENTATIVES STANDING COMMITTEE ON LEGAL ANDCONSTITUTIONAL AFFAIRS

INTRODUCTION TO SCREENRIGHTS

Screenrights (the trading name of the Audio-Visual Copyright SocietyLimited) is the copyright collecting society representing the interests ofowners of copyright in audio-visual works, including film producers anddistributors, scriptwriters and music copyright owners.

The Society is declared under section 135P, Copyright Act 1968 ("the Act")to administer the scheme in Part VA of the Act creating a statutory licencefor the copying of sound and television broadcasts by educationalinstitutions. As well as administering this scheme, Screenrights providesother services to owners of copyright in audio-visual works both inAustralia and overseas. These include the collection of royalties forbroadcast copying by New Zealand educational institutions, and collectionsfrom overseas cable retransmission and home copying schemes. Anoverview of Screenrights history, role and microeconomic impact isattached as Appendix A.

There are currently 1146 members of Screenrights, located in over 40countries. A list of members is annexed to this submission as Appendix B.

Importantly, Australian broadcasters are members of Screenrights andreceive royalties generated under the Part VA scheme in their capacity asowners of underlying rights in certain cases. This submission does notpurport to represent the views of those members. Screenrightsunderstands that Australian broadcasters are making their ownsubmissions to Government on the retransmission issue.

THE RETRANSMISSION COALITION

In 1998 the Retransmission Coalition was formed. The members of thecoalition are:

♦ Screen Producers Association of Australia♦ Australasian Performing Right Association♦ Australian Film Commission♦ Australian Screen Directors Association Collecting Society♦ Film Australia Ltd♦ Australian Writers’ Guild♦ Australian Film Finance Corporation Pty Ltd

Screenrights has been expressly authorised to make submissions toGovernment and to negotiate with ASTRA on behalf of the RetransmissionCoalition members. This submission is made with that authority.Screenrights in its own right, and on behalf of the Retransmission Coalition,

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congratulates the Government on putting forward the retransmissionreform contained in schedule 1, item 200 of the Bill (“Part VC -Retransmission of free-to-air broadcasts”). This proposed reform will injectfairness into a Copyright Act which hitherto permitted pay televisionoperators to make a free commercial use of copyright owners works,contrary to Australia’s international copyright obligations. We applaud theGovernment for this.

SCREENRIGHTS IN THE HISTORY OF RETRANSMISSION LAW REFORM

Screenrights has been an active participant in the law reform process inrespect of both the Copyright Act and the Broadcasting Services Act. Asummary of Screenrights participation in the law reform process follows:

1990 to 1996 Numerous submissions to the Federal Government,supporting the introduction of a statutory licence toremunerate underlying rights owners for the cableretransmission of free to air broadcasts of their works, inline with Australia’s international obligations.

8 May 1997 Participation in round-table Meeting with the Departmentof Communications and the Arts regarding possibleretransmission legislative models

29 May 1997 Written submission to the Department of Communicationsand the Arts regarding three possible retransmissionmodels

** June 1998 Written submission to Senate Committee on Environment,Recreation, Communications and the Arts regarding theretransmission amendments to the Broadcasting ServicesAct

21 August 1998 Attendance before the Senate Standing Committee onEnvironment, Recreation, Communications and the Arts togive oral submission regarding the retransmissionamendments to the Broadcasting Services Act

** April 1999 Written submission to Attorney-General’s Department andthe Department of Communications, InformationTechnology and the Arts regarding Digital Agenda BillExposure Draft provisions, including a proposed alternativelegislative model agreed between Screenrights and ASTRA

** May 1999 Written submission to the Department ofCommunications, Information Technology and the Artsregarding the Retransmission and Digital BroadcastingIssues Paper

** August 1999 Written submission to the Department ofCommunications, Information Technology and the Artscommenting on the Discussion of Options Paper regardingRetransmission and Digital Broadcasting

Significantly, in respect of the retransmission provisions contained in theExposure Draft of the Digital Agenda Bill, Screenrights and the AustralianSubscription Television and Radio Association (“ASTRA”) arrived at a joint

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position in respect of a preferred legislative model for a retransmissionscheme in the Copyright Act. That model, derived from the existing Part VAScheme, was substantially adopted within Part VC of the Digital Agenda Billintroduced into Parliament on 2 September 1999.

However, one important aspect of the Screenrights/ASTRA agreed positionwas not adopted within Part VC of the Digital Agenda Bill. It is this aspectwhich Screenrights wishes to focus upon in this submission.

MULTIPLE DECLARED SOCIETIES AND THE RETRANSMISSIONPROVISIONS

Under the current draft for the Attorney-General to declare multiple bodiesto administer the retransmission scheme. The critical provisions read:

135ZZT Collecting societies

(1) Subject to this section, the Attorney-General may, by notice inthe Gazette, declare the body named in the notice to be thecollecting society for all relevant copyright owners, or for suchclasses of relevant copyright owners as are specified in thenotice.

(2) Where the Attorney-General declares a body to be the collectingsociety for a specified class of copyright owners andsubsequently declares another body to be the collecting societyfor that class of copyright owners:

(a) the first-mentioned collecting society ceases to be thecollecting society for that class of copyright owners on theday on which the subsequent declaration is made; and

(b) any remuneration notice given to that collecting societyceases to be in force to the extent to which it relates torelevant copyright owners included in that class of copyrightowners.

(3) If the Attorney-General has declared a body to be the collectingsociety for a specified class of copyright owners, the Attorney-General may refuse to declare another body to be the collectingsociety for that class of copyright owners unless satisfied that todo so would be in the interests of those copyright owners,having regard to the number of members of the first-mentionedsociety, the scope of its activities and such other considerationsas are relevant.

This represents a significant difference to the way in which Screenrightscurrently administers the Part VA statutory scheme. It gives rises to thepossibility of there being a plurality of declared societies representingcopyright holders according to right, subject matter or nationality. In theretransmission context this presents several obstacles to the efficientadministration of the retransmission right.

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(i) Duplication of Expenses - Natural Monopoly

Screenrights submits, that the reasoning applied to APRA’ s activitiesby the Australian Competition Tribunal applies equally toScreenrights in the retransmission arena. The market for licensingpay television’s retransmission of copyright material contained infree-to-air broadcasts is a natural monopoly - a market that can beserved at lower cost by having only one supplier than manysuppliers. This is because:

“many of the aspects of copyright enforcement contain a highproportion of fixed costs [including] establishment of thesystems for monitoring users and registering works. Bycontrast, once these system are in place, the incremental costof accepting another … new work into the system isinsignificant. If these fixed costs are high enough over therelevant output range, then the average costs of enforcementwill also be declining and the lowest costs are incurred bysociety being served by a single collecting society”.1

Screenrights submits that administering a retransmission statutorylicence fits almost seamlessly into Screenrights current range ofactivities - including those under Part VA of the Copyright Act 1968.Thus, many of the fixed costs which a retransmission statutorylicence entail have already been borne by the relevant copyrightowners through Screenrights past administrative expenses.

To have these costs born again by multiple different societies iscontrary to the sentiment expressed by the Australian CopyrightTribunal. Assuming two or more societies are declared under135ZZT, this will create duplication of expenses occasioned by theseparate administrations. This inefficient duplication of expenses, inturn, may put inflationary pressures on the retransmission licencefees and/or result in lower net distributions to rightholders.

(ii) Creation of Multiple Monopolies

The multiple declared society model does not infuse “competition”into administration of the licence, except in so far as societies may besaid to compete between themselves to increase their relative sharesof the retransmission royalty base.

What the multiple society model does, in fact, is impose multiplemonopolies. If several societies administer several discrete categoriesof subject matter or rights, each of those societies is a monopolistwith respect of those right or subject matter.

Screenrights submits that a statutory licence of this type lends itselfreadily to one point of administration which is moulded to meet therequirements of the activity for which the licence was created;retransmission. In the US, the Copyright Office singularly fulfills thisfunction in respect of the retransmission right.

1 Re Applications by Australasian Performing Right Association [1999] ACompT 3, quotedat paragraph 287.

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(iii) Multiple Negotiations and Tribunal Determinations

A consequence of multiple societies administering theretransmission statutory licence, is that ASTRA’s members mustengages in multiple negotiations with each society as to payment ofequitable remuneration. This may translate to multiple CopyrightTribunal determinations in respect of each failed negotiation.

The Digital Agenda Bill has inserted a strict record keepingrequirement upon the pay industry. This, too, is to be determined byagreement or by Copyright Tribunal determination. In the multiplesociety scenario, this could create a genuine administrative burdenwith different societies seeking different types of records to be kept.

(iv) Possibility of Endless Judicial Review

Under the current drafting, any declaration by the Attorney-Generalunder 135ZZT gives rise to a likelihood of that decision beingchallenged under the Administrative Decisions (Judicial Review) Act1977. Such litigation could drag on over years, create an air ofuncertainty over the retransmission licence and hamper theGovernment’s policy objectives. It is Screenrights belief that a singlesociety model substantially reduces the possibility of such a scenariounfolding.

CONCLUSION

Screenrights is of the view that one society dealing with all rights holders isthe best way to administer the retransmission right. Such a society shouldbe under the public scrutiny of the Parliament and have high prudentialrequirements imposed upon it. Such a society should lose its declaration if itfails to perform.

Screenrights would seek such a declaration as the collecting societyadministering the scheme. We regard this as appropriate because:

• Screenrights holds the declaration of the Attorney-General underPart VA of the Copyright Act and already meets the criteria fordeclared societies.

• By reason of that declaration, Screenrights represents all classes ofcopyright holders (in film, music and script) pertaining to theunderlying works contained in the broadcasts. Screenrights is theonly body in Australia which comprehensively represents theinterests of the relevant underlying rights holders affected byretransmission.

• Screenrights is affiliated with international audio-visual collectingsocieties which collect and allocate royalties from retransmissionoperating in Europe, Canada and the United States. Screenrights isrepresented on the Board of Directors of AGICOA (the Association degestion internationale collective des oeuvres audiovisuelles), thebody responsible for the trans-national coordination ofretransmission schemes across Europe.

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• An agreed position between Screenrights and ASTRA has beeninstrumental in shaping the retransmission provisions contained inthe Digital Agenda Bill.

• Screenrights has the experience, resources, rights managementinformation and requisite access to transmission data to be in anatural position to efficiently administer any retransmission schemeas soon as legislation is enacted . We are confident that ouradministrative expenses will be reasonable both at start-up and overtime.

Screenrights welcomes any opportunity to put any further submissions (inwriting or in person) the Committee may find to be of assistance.

Simon LakeChief Executive 30 September 1999

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APPENDIX A

The Background of Screenrights

1. History of Part VA and Screenrights

History of Part VA

1.1 In 1981 the Attorney-General, Senator Durack, initiated a departmental review ofthe audio-visual provisions of the Act, including educational copying. Thedepartmental review resulted in the publication of an Issues Paper in 1982.

1.2 In 1985 the Attorney-General’s Department put forward detailed proposals for astatutory licensing scheme to enable educational institutions to copy audio-visualmaterial which was not available commercially.

1.3 These proposals were supported by tertiary institutions and copyright owners butopposed by school representatives. In these circumstances, the Governmentdecided not to proceed with any reforms in the area of educational copying at thattime.

1.4 In 1986, Senator Durack moved an amendment to the Copyright Amendment Bill1986, which proposed that copyright in television and sound broadcasts in whichcopyright subsists in the Australian Broadcasting Corporation or the SpecialBroadcasting Service would not be infringed by the making of copies byeducational institutions for educational purposes. This was referred to the SenateStanding Committee on Education and the Arts which invited submissions andheard evidence from interested parties.

1.5 Based upon the Standing Committees recommendations, the Attorney-General’sDepartment put forward another proposal for statutory licence for the copying ofall broadcast programs for educational purposes in return for equitableremuneration. This received the broad endorsement from both the tertiary andschools sectors. Thus, upon the introduction into Parliament of the CopyrightAmendment Act 1989 which included the Part VA statutory scheme the SecondReading Speech of Lionel Bowen (then Attorney-General and Deputy PrimeMinister) included the following passage:

Access to the literary, musical and artistic heritage is fundamental to the role ofthe educator and that means access to a wide range of copyright material.The Government is therefore concerned that teachers have available to themany material of educational value circulating in both the print and audio-visualmedia. However, this should be achieved in a manner which ensures thatrelevant copyright owners are justly remunerated for use of their material.

It has been a great challenge to educators and copyright owners alike toreach agreement on this issue of educational copying. The proposedstatutory licences for educational copying recognise the need for educators tohave easy access to copyright material for teaching purposes. They alsorecognise the need for copyright owners to be remunerated for the use ofthat material. While copyright owners should not be called on to subsidisethe educational needs of the public, there should be as few obstacles aspossible to access to educational materials. The statutory licensing schemeswill provide the appropriate mechanisms whereby the interests of copyrightowners will be balanced against the interests of educators in the mostefficient manner possible. These statutory licence schemes are alsoconsistent with the requirements of the international copyright conventions.

1.6 The Copyright Amendment Act 1989 (and thus the Part VA statutory scheme)came into operation on 24 May 1989. Since enactment, the only substantiveamendment took place in 1998 when copying from subscription television (andradio) was included within the Part VA scheme.

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History of Screenrights

1.7 Audio-Visual Copyright Society Ltd ACN 003 912 310 is a company limited byguarantee. Formerly known by its full name or the acronym AVCS, it adopted thetrading name “Screenrights” in 1997.

1.8 Screenrights was established by the Australian Copyright Council, whichcoordinated early meetings commencing in the mid-1980’s of an informalcommittee of interest groups (“Copyright Interests Committee”) which supportedthe introduction of the Scheme and the establishment of Screenrights.

1.9 The organisations comprising the Copyright Interests Committee includedrepresentatives from:

• Audio Visual Distributors Association of Australia;

• Australasian Mechanical Copyright Owners Society;

• Australian Broadcasting Corporation;

• Australian Film Commission;

• Australian Record Industry Association;

• Australian Writers Guild;

• Federation of Australian Commercial Television Stations;

• Federation of Australian Radio Broadcasters;

• Film/Video Coalition;

• Special Broadcasting Service;

• Producers and Directors Guild of Australia; and

• Screen Producers Association of Australia.

1.10 Screenrights’ incorporation expenses were met by loans from the CopyrightInterests of $1,000 each. The other establishment costs were met by way ofgifts and loans in kind from the Australian Copyright Council and further financialloans from the Copyright Interest organisations. The loans were repaid from firstcollections in 1990 without interest.

1.11 The Memorandum and Articles of Association of Screenrights were formulated inconsultation with the Attorney-General’s Department. The mission of Screenrightsis as follows:

The Society’s purpose is to facilitate the equitable return of funds to audio-visualcopyright owners.

The Society promotes and defends the copyright system as the means ofproviding an incentive to creativity and investment in film and television. In pursuitof this goal, the Society acts on behalf of copyright owners in the collectiveadministration of rights.

1.12 Screenrights was declared by the Attorney-General on 13 June 1990 to be thecollecting society for the purposes of Part VA of the Copyright Act.

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2 Nature of the Part VA from Screenrights Perspective

2.1 Important to any understanding of Part VA of the Copyright Act is correctcharacterisation. Part VA does not create a “copyright licence” as that term isunderstood commercially. Screenrights does not grant licences in respect ofmembers’ rights. Rather Part VA is a remunerated exception to an exclusive rightattached to copyright; the reproduction right. In much the same way the FairDealing provisions of the Copyright Act2 create non-remunerated exceptions toexclusive rights.

(i) Part VA provides that educational institutions may, for their educational (ie“teaching”) purposes, copy transmissions (being radio, free-to-airtelevision or subscription television) without infringing the copyright in thetransmission itself, or the copyright in any work, sound recording orcinematograph film included in the transmission. However, for aneducational institution to take advantage of this exception to copyright:

• a notice in writing on its behalf must be given to Screenrights undertakingto pay equitable remuneration to Screenrights for copies of transmissions itmakes. The notice must specify whether equitable remuneration will beassessed on a full record-keeping system or on a sampling system; and

• a payment of equitable remuneration to Screenrights must be made, asdetermined by agreement with Screenrights or, in lieu of agreement, asdetermined by the Copyright Tribunal. The basis of payment is determinedby whether the institution elects full record-keeping or sampling:

- for full record-keeping the amount of equitable remunerationpayable to Screenrights is an amount for each copy of atransmission made;

- for sampling, the amount of equitable remuneration payable toScreenrights is an annual amount per student of the institutiondetermined under a sampling system.

2.2 Importantly, under Part VA there is no issue of “refusal to licence”. The exceptionto copyright is available to any educational institution, subject to the remunerationrequirement. This is why such schemes are sometimes labeled “compulsorylicences”.

2.3 Screenrights, upon collecting these funds distributes them to relevant the rightsholders. A rights holder, to receive a distribution, is required to:

• become a member of Screenrights - there is no restriction or feeplaced on membership and,

• provide a warranty as to their ownership of the relevant right.

2.4 In respect of (say) a copy of a single television program, a plurality of discretecopyright subject matter is reproduced. Screenrights scheme of allocation, whichis determined by Screenrights Board, mandates the following distribution acrossthe different subject matter:

• Cinematograph film 68.5%• Literary & dramatic works 22.1%

• Musical works & lyrics 7.4%• Sound recordings 2%

Only underlying rights are remunerated. No distribution is made in respect of thetransmission itself; to the owner of the copyright subsisting in the television

2 See sections 40, 41, 42, 43(2), 103A, 103B and 103C.

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broadcast signal or the sound broadcast signal. This, however, is not a matterdetermined by the Screenrights Board. It is a result required by Part VA itself whichdefines “relevant copyright owner” for Part VA to be the “owner of copyright in awork, a sound recording or a cinematograph film”.3 This excludes the owner ofcopyright subsisting in the broadcast per se.

2.5 Screenrights is the administrator of the Part VA scheme by reason of declaration bythe Attorney-General. As such, Screenrights has stringent reporting and prudentialrequirements. Screenrights’ Constitution documents require approval by theAttorney-General. Its audited Annual Report is remitted each year to the Attorney-General to be laid before each House of Parliament. The Attorney-General mayrevoke the declaration if, (among other things) Screenrights is “not functioningadequately as the collecting society”. To assist Screenrights in discharging itsobligations in respect of Part VA, the Attorney-General’s Department issuedScreenrights with a set of guidelines shortly after its declaration. Screenrights hasfound these guidelines to be of great assistance. Similarly, Screenrights hasreceived a binding determination by the Australian Taxation Office in respect of thetaxation treatment of Part VA collections and expenses.

2.6 Screenrights dealings with the education sector are also under the frequentscrutiny of the Copyright Tribunal. In two recent determinations (1997 and 1999respectively) the Copyright Tribunal has set rates under sampling systems of $2.60per full-time equivalent school student and $5.50 per full-time equivalent universitystudent. Both rates are automatically adjusted with the Consumer Price Index. Inone determination, the Tribunal gave the following guidelines as to a reasonablequantum of equitable remuneration payable under Part VA:

I could fix a figure that I thought was fair and reasonable but whichwould bring the whole of this arrangement to an end. Frankly, that iswhat, in my opinion, the effect of the AVCS [Screenrights] claim will be if itis met in full. Nobody would pay it and the whole scheme will collapse.That is the last thing that anybody wants … However, difficult the task, Imust fix equitable remuneration. And I must fix it, so it seems to me, notin a vacuum but in the setting and context of all the surroundingcircumstances. In my opinion, it is relevant and appropriate for the Tribunalto take into account realities such as the capacity and willingness of theschools to pay.

The reality of Copyright Tribunal supervision over the determination of equitableremuneration under Part VA creates an additional layer of prudential control overScreenrights activities which would not exist in an ordinary commercial setting.

2.7 Screenrights is also a trustee of funds collected by it in the administration of PartVA.4 These funds are held on behalf of relevant classes of rights holders on adiscretionary trust, the terms of which are found in Part VA itself, the relevantCopyright Regulations and Screenrights Constitution. A recent High Court decisionhas held that the broadcast of a cinematograph film may give rise to the exerciseof the broadcast right in a sound recording.5 This came as a somewhatunexpected outcome in light of an express provision in the Copyright Act whichprovides “sounds embodied in a sound-track associated with visual imagesforming part of cinematograph film shall be deemed not to be a soundrecording“6. In reliance on that provision, Screenrights had not included soundrecordings as a genre of subject matter for which an allocation was made inrespect of off-air television copying. As a consequence of the High Court’sdecision, Screenrights has amended its distribution policy (see paragraph 3.5) andsought declarations from the Equity Division of the NSW Supreme Court. Theseinclude declaration that Screenrights was not in breach of trust for failure to include

3 Section 135A.4 Simpson, Review of Australian Copyright Collecting Societies, paragraph 7.1.3.5 Phonographic Performance Company Of Australia Limited & Ors v Federation OfAustralian Commercial Television Stations (1998) 154 ALR 211.6 Section 23(1).

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(prior to the High Court’s decision) sound recordings within its scheme ofdistribution. That Supreme Court application remains pending.

3 Nature of Part VA from Education Sector’s Perspective

3.1 Screenrights’ dealings with the education section over almost a decade hasindicated a prevailing view that the remunerated exception to copyright created byPart VA is extremely valuable to schools and universities. The sums paid by way ofequitable remuneration seem to be regarded as commensurate with benefit of theexception.

3.2 Thus, in 1997 before the Copyright Law Review Committee’s Forum on Accessto Copyright Materials, Professor Raoul Mortley, Chair of the Australian Vice-Chancellor’s Committee on Intellectual Property made the following statements:

Licence fees. We are constantly concerned with this in the universities.We negotiate with the Copyright Agency Limited. The Audio-VisualCopyright Society [Screenrights] have arrangements. The figures that havebeen paid have been given here in the issues paper. It has alwaysseemed to me, and here I will slip out of my role as the negotiatingopponent of the collecting societies, and say that the paying of licencefees has some good effects. If this has been the means of settling thebalance between the ownership of the material and the need todisseminate it then we have seen it work. The universities are payingmore. This means students are getting more copies. More is being readand circulated.

So in a sense this commercial solution has opened up a lot of movementwhich has been to the benefit of everybody and I have always taken theview that if we see through our sampling processes the copyingbehaviour multiplying greatly in the universities and we are paying more -well this is probably the kind of thing we should be doing in theuniversities and the way we should be spending our money. It is animportant priority that licence fees be settled in order to produce thecopies that will spread the knowledge to the students. As someone whois responsible for the way in which money is spent in universities I havealways taken the view that this activity is probably far more important thanmany others that we indulge in - open slather promotions for example.

3.3 Part VA may, indeed, give Australian educational institutions a competitiveadvantage over educational institutions in other countries. Increasingly, educationalinstitutions (both schools and universities) within Australia seek to attract studentsfrom other countries and thereby “export” their education services.

3.4 In a recent Copyright Tribunal determination, Screenrights tendered unopposedevidence from a international expert on the educational use of audio-visualmaterial, Richard Cornell. He is the Professor of Instructional Technology in theCollege of Education at the University of Central Florida and the United Statesmember of the International Council for Educational Media. His evidence includedthe following observation:

In the United States, interactive learning has been greatly restrictedbecause of the lack of flexibility resulting from the absence of a statutorylicensing scheme which tracks programmes recorded from television. Thiscan be contrasted in the Australian setting.

Interactive learning in schools in the United States occurs primarily withinthe confines of computing, foreign language instruction or laboratory-based classes. An exception would be in schools where there is atelevision studio and students create their own productions which involveextremely high levels of interactivity.

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This can be contrasted with the Australian setting where, under thestatutory scheme, anything can be recorded off television, including acommercial, audio track, footage of news events, or other audio-visualbroadcast material. In the United States this is not possible withoutwritten permission of the copyright holder.

One of the benefits of the copyright licensing scheme, such as thescheme administered in Australia by Screenrights, is that the individualprofessor in higher education has control over what can be brought into aclass from a video source.

This suggests that the existence of Part VA may give Australian educationalinstitutions a competitive advantage in a global market for education services.

4 Nature of Screenrights from Rights Holders Perspective

4.1 Between 1990 and 1998 Screenrights has collected approximately $70 milliondollars. Over this period of time Screenrights expenses have amounted toapproximately $10 million dollars - about 14% of collections.

4.2 Part VA is, however, a statutory exception to the exclusive right of reproductionattached to copyright. It removes from rights holders the ability to denyauthorisation and set their own terms in respect of the education sector. In itsplace requires the grant of access to educational institutions in return for thepayment of equitable remuneration. In an ideal world, rights holders could controltheir own rights directly. Part VA, from Screenrights members perspective, is notpart of an ideal world.

4.3 Notwithstanding the observations made at 4.2, Screenrights regards Part VA as anecessary scheme for the creation of a “market” for access to broadcast copyrightsubject matter for educational purposes. Given the current state of technology,user copyright mores and the questionable efficacy of ad hoc copyrightinfringement proceedings, Part VA seems a fair and pragmatic balancing ofinterests.

4.4 Rights holders generally, but in particular Australian documentary film makers, relyupon Screenrights distributions to recoup production expenses and to reinvest infurther productions. This underscores the philosophy for copyright; incentive forcreativity.

4.5 In a recent Copyright Tribunal determination, evidence tendered by the Australiandocumentary film-maker James Gerrand (accepted and relied on by the Tribunal)explained:

Screenrights royalties, with other potential revenue sources, act as anincentive to produce documentaries of educational value. In the early yearsof the operation of the Screenrights scheme, I regarded Screenrightsroyalties as an unexpected bonus. Now I have come to expect returnsfrom this source and the potential for Screenrights royalties influencesproduction decisions.

The film maker gave evidence that a documentary produced by him (The Last GodKing which traces Cambodian History from the time King Sihanouk was placed onthe throne by the Vichy French at the age of 19 until the present day) earnedapproximately $23,000 in distributions under Part VA. The production cost of thedocumentary was approximately $350,000 and was financed by him without anyinvestment from the Australian Film Finance Corporation or other governmentfunding bodies.

4.6 Similarly, evidence tendered to the Copyright Tribunal by another Australiandocumentary film maker, Chris Hilton (co-producer of Year of the Dogs), the

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importance of Part VA to the market for Australian documentaries was put in awider commercial perspective:

Within the potential non-theatrical market, the single most importantsource of potential returns is royalties from copying in the educationalinstitutions market. Before the introduction of the scheme administeredby Screenrights under the Copyright Act, this market was solely comprisedof videocassette sales. However, now educational institutions may copyfrom television broadcasts. This has the potential to decreasevideocassette sales and so the level of remuneration received throughScreenrights is crucial to maximising the returns to investors. Furthermore,the royalties from Screenrights offset, at least to some extent anyreduction in revenue from video sales.

4.7 Similarly, David Noakes, Investment Manager at the Australian Film FinanceCorporation, gave evidence before the Copyright Tribunal that:

Generally, it is difficult to procure any overseas distribution interest fordocumentaries. This is especially so if the material that is contained withina documentary is strongly culturally relevant to Australia.

The FFC is required to take into account the company’s recoupmentposition in making investment decisions and to strike a balance betweenmaximising the value of the production slate returns on the Governments’investment. One of the objectives of the FFC is to support projects thatcan potentially realise returns and to secure an appropriate return on eachof its investments.

As it is difficult to secure overseas distribution interest in documentaries,the only real returns will come from:

(a) broadcast fees for free-to-air television from a local broadcaster andfees for the right to exploit pay television rights and satellitetelevision rights;

(b) the sale of video cassettes to the educational sector;

(c) royalties from the educational sector through the off-air copyingscheme administered by Screenrights; and

(d) the sale of video cassettes to the general public.

An FFC invested documentary generally recoups approximately 10% ofthe FFC’s investment. The off-air copying royalties actually received by theFFC under the Screenrights scheme averages approximately 29% of theFFC total recoupment. Although this does not represent the majority ofthe recoupment of the FFC’s investment, it is nevertheless a significantcontribution towards the recoupment achieved by the FFC for theseprojects.

4.8 If it is considered that financial incentive to Australian documentary film-makers toproduce more documentaries gives rise to public benefits, Part VA can be seen tobenefit the public to this extent.

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5 Part VA and Restrictions on Competition

5.1 The characterisation of Part VA put in this submission is one of Part VA as aremunerated exception to an exclusive right of copyright owners.

5.2 Put another way, Part VA is an answer to the question:

“How do we enable educational institutions to easily record broadcastprogramming for their teaching purposes, and overcome the ‘copyrightproblem’?”

Ease of access to copyright material for education is at the heart of Part VA. Whilstpayment to rights holders is central to the operation of Part VA, ease of access ispossibly paramount. It is the desire for ease which explains why section 135P(2)of Part VA provides:

The Attorney-General shall not name more than one body in a declarationand shall not make a declaration while an earlier declaration is in force.

For such a remunerated exception to overcome the very problem for which it wascreated - users having to deal with a multiplicity of rights holders and riskinginfringement when clearances can not been obtained - simplicity is required. Thiscalls for a single reference point for both users and owners to administer theexception. Screenrights is that single reference point, under the scrutiny of itsmembers, the Commonwealth Parliament, the Copyright Tribunal and Courts ofEquity. The Part VA model is one of quasi public administration of copyright tofacilitate a remunerated exception for educational purposes.

5.3 In 1997 the Copyright Law Review Committee requested comments frominterested parties regarding possible adoption in Australia of the “voluntary”educational broadcast licensing scheme currently extant under English and NewZealand legislation (section 35 of the UK Copyright Designs and Patents Act 1988and section 48 of the NZ Copyright Act 1994). Screenrights submitted its viewthat this statutory model is deficient when compared to Part VA. The CopyrightLaw Review Committee’s recommendation rejected this alternative:

Neither users nor owners, however, proposed a radical recasting of theprovisions of the Act that currently relate to educational copying. Inparticular, the majority of submissions from both users and ownersrecommended retention of the present statutory licensing schemes setout in Parts VA and VB of the Act.

The Committee had invited comment on adoption of the scheme foreducational copying found in ss. 35 and 36 of the UK Copyright, Designsand Patents Act 1988, under which a free compulsory licence permits thecopying of a limited amount of copyright material in the absence of anagreed voluntary licence. The principle underlying the scheme is toencourage the parties to reach agreement on permissible copying. Forvarious reasons the parties affected in Australia do not consider this asatisfactory way to deal with educational copying. The Committeeconsiders that the position in Australia is now well established and wellknown to all parties and no case has been made for a change in thegeneral approach.7

In the event that the Intellectual Property and Competition Review Committee isinterested in this alternative to the Part VA model, Screenrights comments asfollows.

5.4 The English and New Zealand provisions are not voluntary licence schemes asone would normally understand that expression. They operate so that in the

7 Copyright Law Review Committee, Simplification of the Copyright Act, Part 1 -Exceptions to the Exclusive Rights of Copyright Owners, 174.

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absence of a contractual licence, legislation in effect provides a compulsory freelicence to educational users in the form of a complete defence to infringement.The rights of copyright owners are exercisable by educational users with neitherpermission nor remuneration. Screenrights regards these provisions as anextreme incursion upon the rights of copyright owners.

5.5 The English and New Zealand provisions provide for collective administration ofcopyright without statutory machinery. In the absence of a statutory mechanismproviding for collective administration, the transaction costs in obtaining licencesfrom all the relevant copyright owners is high. The copying of a single off-airtelevision program could entail licences for:

• copyright in the broadcast• copyright in the cinematograph film• copyright in the script• copyright in the music• copyright in any works of visual arts therein contained• copyright in the sound recording

5.6 The English and New Zealand legislation confront educational users with thepossibility of a multiplicity of licensing schemes, covering different repertoire andcontaining different terms. Further, schemes may be created which (say) excludecertain parties from membership on the basis of nationality. Screenrightsexperience of an administration of under the English scheme suggests this.Although such conduct is contrary to international copyright norms (see below atparagraphs 6.2 and 7.3) if unchecked it could give rise to both prejudice and aproliferation of national-based licensing schemes operating in the one country.

5.7 All this may be contrasted with the present position in Australia where aneducational user need approach only one body in respect of a licence scheme setout in legislation. It is the loss of this simplicity which lies at the heart of thefindings of the Copyright Law Review Committee that “neither users nor owners,however, proposed a radical recasting of the provisions of the Act that currentlyrelate to educational copying”.

6 Part VA, Screenrights and Balance of Trade

6.1 One aspect of Part VA which the Committee may wish to consider is its effects onAustralia’s balance of trade position.

6.2 An important international norm of copyright law is that of Art 5(3) of the BerneConvention which in part provides “when the author is not a national of thecountry of origin of the work for which he is protected under this Convention, heshall enjoy in that country the same rights as national authors.” Discriminationagainst the works of foreign nationals, where those works fall under the protectionof the Berne Convention, amounts to a violations of both Berne and TRIPS. PartVA contains no such discrimination (see paragraph 7.3).

6.3 The majority of funds collected by Screenrights under Part VA are remitted toAustralian-based rights holders. This is a function of the nature of programmingcopied by the Australian educational sector. Thus, for the years 1991 to 1997 only26% of the total distributable amount has been distributed overseas. Atparagraphs 4.3 to 4.6 (above) accounts as to the effect of Screenrightsdistributions upon Australian rights holders has been outlined.

6.4 Further, Screenrights activities outside Part VA involve both collecting forpredominately Australian rights holders in foreign markets and administering an off-air copying schemes for rights holders in a foreign market. These are discussedbelow in section 8.

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7 Part VA and International Obligations

7.1 Article 9 of the Berne Convention provides:

(1) Authors of literary and artistic works protected by this Conventionshall have the exclusive right of authorizing thereproduction of these works, in any manner or form.

(2) It shall be a matter for legislation in the countries of the Union topermit the reproduction of such works in certain special cases,provided that such reproduction does not conflict with a normalexploitation of the work and does not unreasonably prejudice thelegitimate interests of the author.

(3) Any sound or visual recording shall be considered as areproduction for the purposes of this Convention.

7.2 Screenrights regards Part VA, and in particular the requirement that rights holdersreceive “equitable remuneration”, as meeting the obligation that copies made inreliance on Part VA do not “not unreasonably prejudice the legitimate interests” ofrights holders. This view was shared by the Attorney-General on the introductionof the Part VA scheme to Parliament: “These statutory licence schemes are alsoconsistent with the requirements of the international copyright conventions” (seeparagraph 1.5 above).

7.3 As noted above at paragraph at paragraph 6.2, Article 5(3) of the BerneConvention provides “when the author is not a national of the country of origin ofthe work for which he is protected under this Convention, he shall enjoy in thatcountry the same rights as national authors.” Part VA, and Screenrightsadministration of Part VA, are avowedly non-discriminatory in character. Part VAmandates that to be the declared collecting society, Screenrights rules must permitthat all relevant copyright owners, or their agents, are entitled to become itsmembers. Screenrights distribution policies, in turn, rest entirely on the type ofsubject matter (see paragraph 2.5 above). No issue of nationality of rights holdersarise. Screenrights’ membership is presently derived from 40 countries.

7.4 Screenrights notes the incorporation of Articles 5(3) and 9 of the BerneConvention as a TRIPS obligation.

8 Other Activities of Screenrights

International Collection Service

8.1 Since 1996 Screenrights has commenced offering services in collecting overseasroyalties on behalf of members who voluntarily delegate Screenrights thatfunction. Under voluntary membership agreements, rights holders may delegateScreenrights to be their non-exclusive agent in the collection of royalties from avariety of overseas cable retransmission, blank tape and rental schemes. Thisservice is relatively new. Predominately Australian rights holders have availedthemselves of it. Over $500,000 has been collected to date.

New Zealand Educational Copying

8.2 Since 1998 Screenrights has operated an educational off-air copying licensingscheme in New Zealand. This scheme, operated under legislation the limitationsof which are described above at paragraphs 5.4 to 5.7, has collected over$200,000 in the past financial year.

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Government Copying

8.3 In 1998 amendments were passed to the Copyright Act to provide for a statutorylicence in respect of government copying (Commonwealth, State and Territory).The licence may be administered by one or more collecting society declared bythe Copyright Tribunal. Where there is more than one society the declaration is inrespect of a “specified class of government copies”8. Screenrights has sought adeclaration from the Copyright Tribunal in respect of the following classes ofcopyright material :

(i) a sound recording; or(ii) a cinematograph film; or(iii) a television or sound broadcast; or(iv) a work that is included in a sound recording, a cinematograph film

or a television or sound transmission

in respect of the application of the copyright to the making of a copy of atransmission of a sound broadcast or a television broadcast including (toavoid doubt ) a sound broadcast transmitted for a fee and a televisiontransmission to subscribers to a diffusion service.

This application is pending before the Copyright Tribunal. Screenrights expects itto be dealt with this year.

Retransmission

8.4 The government’s 1996 election platform included the introduction of reform suchthat underlying rights holders receive payment in respect of the cableretransmission of their works. This means when a pay television company (suchas Foxtel) retransmits a free-to-air broadcast signal (such as Channel 9) somepayment is made by the pay television company to the rights holders whoseworks are included within the free-to-air broadcast signal.

8.5 This year in the Digital Agenda Bill an attempt was made to introduce this reformby means of a statutory licence. Both Screenrights and the Australian SubscriptionTelevision and Radio Association (“ASTRA”, the peak body for the pay televisionindustry) considered the drafting would create an unworkable scheme.Consequently, Screenrights and ASTRA have jointly submitted a revised draftstatutory licence, modeled on Part VA. Screenrights is currently awaiting therelease of a further exposure draft of the Digital Agenda Bill. Assuming the form ofany enacted retransmission statutory licence is acceptable to Screenrights,Screenrights will seek the declaration to administer the scheme.

8 Section 153F(5)(b).

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Members of Audio-Visual Copyright Society LtdTrading as Screenrights

15.30 Productions220 Productions Pty Ltd7 Emus Pty LtdAB Svensk FilmindustriABAREABC Distribution CompanyAboriginal Development Division - NSWTafe CommissionAboriginal Nations Pty LtdAcacia Productions LimitedAccess all Areas Pty LtdAcropolis Now Pty LtdAdler Media, Inc, formerly called AdlerVideo Marketing LtdAdriana Chiesa EnterprisesAdvanced Video ProductionsAfrica Odyssey Productions Pty LtdAfrica Pictures Australia Pty LtdAgence Du Court MetrageAgence France-Presse (AFP)Ahmed A JamalAhmed Baha Eddine AttiaAlan BerlinerAlastair B EadieAlbert Street Productions Pty LtdAlberto Grimaldi Productions SAAlbum ProductionsAlex SmytheAlfred Haber IncAlfred Road Films Pty LtdAll American Television IncAlley Kat ProductionsAlliance Communications CorporationAllison Catherine RoweAlong Mekong ProductionsAlyce MackerrasAmalgamated Television Services Pty LtdAmanda KingAmanda King & Fabio Federico Cavadinitrading as Frontyard FilmsAmaya Distribution SAAmerican Documentaries IncAmpersand“Andrea Films” - García y Caiozzi LtdAngela BorelliAnna JohnsonAnnamax Media Pty LtdAnne BrookmanAnne Deveson Productions Pty LtdAntelope (UK) LtdAntenna Television SAAnthony A Williams Management Pty LtdAnthony Buckley Films Pty LtdApple Corps LimitedArc Films LtdArchives Office of TasmaniaArenafilm Pty LtdArgosy Films Pty Ltd trading as TheVideo Bookshelf

Arief International IncArista Films, IncArista Pictures InternationalArrival Films LtdArtist Collections Group LtdArtist Services Pty LtdArtist Services Pty Ltd (ACN 070 352046)Arundel Productions Pty LtdAspire Films Pty LtdAssociated Dutch Media B.VAssociated Press TVAssociated R&R Films Pty LtdAssociated Television InternationalATA Trading CorporationAtlantis Releasing Pty LtdAtrium Films International (Australia) PtyLtdATV Enterprises LimitedAurora Films Pty LtdAusdrama Pty LtdAustereo MCM Entertainment AustraliaPty LtdAustralasian Mechanical CopyrightOwners Society LtdAustralasian Performing Right AssociationLimitedAustralian Baseball League Pty LtdAustralian Broadcasting CorporationAustralian Catholic UniversityAustralian Childrens TelevisionFoundationAustralian Dancing Society LtdAustralian Film CommissionAustralian Film InstituteAustralian Film, Television & RadioSchoolAustralian Geographic Pty LtdAustralian Institute of Aboriginal andTorres Strait Islander StudiesAustralian Quality Awards FoundationLimitedAustralian Record Industry AssociationLtdAustralian Screen Associates LtdAustralian Volleyball Federation IncAustrian Broadcasting Corporation (ORF)Authors’ Licensing & Collecting SocietyLimitedAutism Victoria IncAvalon Films Pty LtdAvenue Entertainment, IncBanksia Productions Pty LtdBarbara AlburyBarbara Anna ChobockyBarbara MobbsBarbara MoorseBarely Enough Pty LtdBarron Entertainment Ltd

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Bavaria Film GmbHBBC Enterprises LtdBearded Lady Productions Pty LtdBecker Group LimitedBelgische Radio & Televisie (BRTN)Bellester Investment LimitedBen Cropp Productions Pty LtdBenjamin SellingerBernard PurcellBerry BillingsleyBerry MinottBeyond Distribution Pty LtdBeyond Films LtdBeyond Properties Pty LtdBig Bear Licensing Corp., IncBig Bear Picture CompanyBill Bennett Productions Pty LtdBill HardingBilly’s Holiday Pty LtdBinnaburra Film Co Pty LtdBioskop-Film GmbH & CoProduktionsteam KGBlack Dog Pictures Pty LtdBlackside IncBlood Oath Productions Pty LimitedBoard of Studies (Victoria)Bondi Picture Company Pty LtdBorealesBrandman Productions, IncBrian Jackson Films LtdBridie Films Pty LtdBrisbane TV LimitedBritish Film InstituteBroadstar Entertainment CorporationBronwyn HessionBronwyn Kidd trading as Big CatProductionsBrook Lapping Productions LtdBruce GriffithsBruce PettyBubby Pty LtdBuena Vista International, IncBurbank Animation Studios Pty LtdBWE IncByron Bay Media Pty LtdCAAMA Productions Pty LtdCalliope Film Resources IncCalypso Films Pty LtdCamerawork Pty LimitedCampbell McComas & Company Pty LtdCanadian Broadcasting CorporationCanal + Distribution GIECanal + Image UK LtdCapa Presse TVCapella International, IncCapitol Films LimitedCarlton International Media LtdCarlyon & Rivette Pictures Pty LtdCarolco Pictures, IncCaroline Jones Incorporated Pty LtdCarolyn BurnsCasablanca Production S.A.Cascade Ash Pty Ltd

Cascade Films Pty LtdCastle Hill Productions IncCatalyst Distribution IncCatalyst Television LtdCBS Broadcasting IncCCM Group (Australia) Pty LtdCEL Communications IncCelia FilmsCelluloid Dreams SARLCentaur Enterprises Pty LtdCenter for Investigative Reporting IncCentral Queensland UniversityCFP InternationalChannel 9 South Australia Pty LimitedChannel Four Television CorporationChannel Television LimitedChapman Clarke LtdChapman Films Pty LtdChapman Pictures Pty LtdCharles Schuerhoff t/a CS AssociatesChildren's Television Workshop, IncChina Film Export & Import CorporationChristian Broadcasting AssociationLimitedChristopher PuplickChristopher TugwellChrysalis TV & Film (Overseas) LimitedChuck Olin Associates IncChumCity InternationalCiby Sales LimitedCicada FilmsCinar Films IncCine Electra (UK) LimitedCine-International Filmvertrieb GmbH &Co KGCinema Arts EntertainmentCinematheque Prague S.R.O.Cinequanon Pictures International IncCinesound Movietone Productions PtyLtdCinetel Films, IncCinetel Productions Pty LtdCinevest Entertainment Group, IncCinexportCITEC Corporate TelevisionCity Pictures Pty LtdClaude EdelmannColigny Holdings Pty LtdColin Baker Cinegroup Productions PtyLtdColin MackerrasColumbia Tristar Television Pty LtdCommonwealth of Australia (actingthrough Department ofHealth & Family Services)Commonwealth of Australia (DEET)Communicado LimitedCommunique Pty LtdCommunity Aid AbroadCOMPACT Collections LimitedCompagne Luxembourgeoise DeTelediffusion SACompass Film SRL

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Comtel IncConcorde-New Horizons CorporationConnected Media TrustConstantin Film Produktion GMBHConsuming Passions Pty LtdContemporary Films LtdCORI Film Distributors LtdCPT Holdings, IncCraig BaldwinCrawford Action Time Pty LtdCrawford Productions Pty LtdCrew Neck ProductionsCross Country Productions Pty LtdCrossroads/PSOCrown International Pictures, IncCrystal Sky InternationalCSIRO AustraliaCTC ProductionsCTVCCurb Entertainment InternationalCorporationCurtis Brown (Aust) Pty LtdCurtis Levy (Indonesia) Pty LtdD Generation Pty LtdDA Films Pty LtdDamon Smith Productions Pty LtdDaniel Scharf Productions Pty LtdDanmarks Radio TVDaro Film DistributionDavian International LtdDavid BradburyDavid CurlDavid George EllyardDavid George StoneDavid MonahanDavid RabinovitchDavid Thomas trading as Fineline FilmsDavid WalkerDaybreak Pictures LimitedDe Montignie Communications Pty Ltdt/a Discovery InternationalDebra BeattieDecember Films Pty LtdDendy Cinema Pty LtdDenis Keith WhitburnDepartment of Education for the State ofVictoriaDepartment of English, MonashUniversityDergat Pty LimitedDetlef Urban FilmproduktionDevillier Donegan Enterprises LPDewitt SageDick Clark Productions IncDick GillingDick Smith Investments Pty LtdDipcorn Pty Ltd trading as RakmarEnterprisesDirect Broadcast Network Pty LtdDirect Cinema Ltd IncDirect Video Pty LtdDisney Entertainment Pty LtdDisplaced Films

Distant Horizon LtdDixon Productions LtdDLT Entertainment LtdDocumentary Films Pty LtdDon Bennetts Films Pty LtdDon Featherstone Productions Pty LtdDream Entertainment, IncDuo Art Productions Pty LtdEastrex Pty Ltd, T/A Television OceaniaEclectic Films Pty LtdEdgecliff Media Pty LtdEditel (WA) Pty LtdEdith Cowan UniversityEdmund Capon A.M.Edmund JC Allison t/a Quality FilmsEducational Broadcasting CorporationEducational Broadcasting Corporation(Thirteen WNET)Educational Film CenterEducational Media Australia Pty LimitedEdward Street FilmsEffie Holdings Pty LtdEKCo Television LtdElectric Pictures Pty LtdEliot Jarvis Productions Pty LtdElizabeth NieldEllen BrunoEllen M Krass ProductionsEmdee Productions LtdEmerald Films Pty LtdEndemol International Distribution S.A.ERF Edgar Reitz Filmproduktion GmbHEssential Productions LtdEstate of Raymond RohauerEuro London Films LtdEuroArts International GmbHEurocam Productions Pty LtdEurope ImagesEuropean Media Support BVEva Orner t/a Fertile FilmsEvangelische OmroepEverest Entertainment, IncExcalibur Nominees Pty LtdExpanded Entertainment IncExportfilm Bischoff & Co GmbHF For FilmF-films Pty Ltdf-reel Pty LtdFaction Films LtdFar Sighted Documentaries Pty LtdFar Sighted Films Pty LtdFelicity St John MooreFerndale Films LimitedField Associates (Aust) Pty LtdFigaro Films SAFiji Independent News Service IncFilm Art Doco Pty LtdFilm Australia LtdFilm Culture Pty LtdFilm Investment Corporation LtdFilm Polski - Film AgencyFilm Positive Pty LtdFilm Projects Pty Ltd

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Film Roman, IncFilm Workshop Company LtdFilm World Entertainments, Inc./MiracleFilmsFilmalpha SrlFilmexport GroupFilmexport Prague Distribution SROFilmistuudio SEEFilmpac Holdings LimitedFilmrep LtdFilms Transit International IncFilmstar, IncFilmways Multi Media Pty LtdFirst Light Film and TelevisionProductions Pty LtdFirst Pictures LimitedFlach Pyramide InternationalFlaming Star Films Pty LtdFlaming Star Pty LtdFlashback Productions LtdFleur Films Pty LimitedFlextech Rights LimitedFM TV Australia Pty LtdForefront Films IncFörsti-Film KyFortian Productions Pty LtdFortissimo Films SalesForum Media GmbHFox Lorber Associates IncFrame Up Films LtdFrance Television DistributionFrances Nolan Shoes Pty LtdFrancis John Marsh GreensladeFrancois JeannetFrederic LaffontFrederick Warne & Co LtdFremantle International ProductionsFrontline Television Productions Pty LtdFulmar Television & Film LtdFunky Squad Pty LtdFutura Film Weltvertrieb Im Filmverlagder AutorenFuturemedia Pty LimitedG.E.L. Distribution, IncGabrielle KellyGaia Films Pty LtdGannon Jenkins Television Pty LtdGarner MacLennan Films Pty LtdGary KildeaGary Reilly Productions Pty LimitedGaumontGenesis Films Pty LtdGeorge Andrews Productions LtdGeorge Paul CsicseryGeorge Thomas DoddGever Pty Ltd trading as The DeeCameron CompanyGevest Australia Pty LtdGianfranco CrescianiGil ScrineGillespie Film Productions Pty LtdGillian LeahyGittoes & Dalton Productions Pty Ltd

Golden Dolphin Productions Pty LtdGolden Press - A Division of HarperCollins Publishing Australia LtdGoldfarb Distributors IncGoldwyn Films IncGolvan Arts Management Pty LtdGPP-TV International Pty LtdGrainger Television Australia Pty LtdGranada Media Group LimitedGranada Television LtdGrand Bay Films Pty LtdGrant LahoodGRB EntertainmentGreat North International IncGreek Film CentreGreen Cape Pty LtdGreen Communications, IncGreen Light Angst Pty LtdGreen Lion Productions IncGreenstone Pictures LtdGriffith UniversityGrundy Australia Productions Pty LtdGrundy Entertainment Pty LtdGrundy Motion Pictures Pty LtdGrundy Television Pty LtdGulliver Film Productions Pty LtdGulliver Media Australia Pty LtdGWFF - Gesellschaft Zur WahrnehmungVon Film Und FernsehrechtenHabibi Films Pty LtdHachette-Livre SAHallmark EntertainmentHamdon EntertainmentHandmade Films LtdHarcourt Films LtdHarmony Gold USA, IncHarun FarockiHarvey Taft Pty LtdHe Taonga Films LtdHeadquarters Training Command - ArmyHearst Entertainment, Inc.Hedrick Smith Productions IncHelen GaynorHeliograph Pty LtdHeritage Entertainment IncHibiscus Films Pty LtdHibola Pty Ltd trading as EastwayCommunicationHigh Road Productions IncHilary Linstead & AssociatesHorsfield Family TrustHouse & Moorhouse Films Pty LtdHoward Taylor ProductionsHRT / Hrvatska radiotelevizijaHSV Channel 7 Pty LtdHTV LimitedHugh Alastair FordHugh SheppardHungarofilm LtdHuzzah Productions Pty LtdIain George GillespieIain George Gillespie & JacquelineGillespie

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Ian Hamilton HollandIan StaggIan Watt trading as TeleprogramsMarketingIan William LangIcarus Films International IncIcarus Films Pty LtdIcelandic National Broadcasting Service -Television (RUV)Icon Entertainment InternationalIdameneo No 221 Pty Ltd t/a LUCASPRODUKZIONSIdeale AudienceIFM Film Associates IncIgelfilm GmbHIguana Film Productions Pty LtdIlan ZivImage Organisation, IncImagine LtdImparja Television Pty LtdImperial Entertainment B.V.In Pictures LtdIn the Picture Productions Pty LtdInCA Independent CommunicationsAssociates Pty LtdInedithing SAInfactInformAction Films IncInitial Entertainment GroupInitial Film & Television LtdInsight News Television LtdInsomnia Film Television Software PtyLtdInstitut National De L’AudiovisuelInter Cine TVInter NationesInterface Productions Pty LtdInterlight Pictures, IncIntermedia Film Distribution LimitedIntermedia Film Distribution LtdInternational Broadcasting TrustInternational Business MachinesCorporationInternational Committee of the RedCrossInternational Management Group ofAmerica Pty LtdInternational Olympic CommitteeInternational Paralympic CommitteeInternational Television EnterprisesLondon (ITEL)Intra Films SrlInvestigative Productions IncIpso Facto Productions Pty LtdIris Pictures Pty LtdIta Buttrose Pty LtdItaltoons CorporationITC Entertainment GroupItcon B.V.ITN LtdItziar ElizaldeIvanhoe Broadcast NewsIVN Entertainment Inc

J & M Entertainment LimitedJacqueline GillespieJames G GerrandJames KleinJames Wallace Productions LtdJames William KestevanJan Chapman Productions Pty LtdJan SardiJane Balfour FilmsJane ColeJane GabrielJanet Bell trading as Janet BellProductionsJanson Associates IncJared KatsianeJean-Luc FaubertJeanette Johnson trading as RokketteProductionsJeck FilmJennifer Cornish Media Pty LtdJennifer Mary CrockerJequerity Pty LtdJeremiah FilmsJeremy Michael Bayliss SmithJim Henson Productions LtdJim Stevens trading as Green DiamondProductionsJNP Films Pty LtdJoanna Murray-SmithJoanna StewartJohn HibberdJohn HughesJohn Moore Productions Pty LtdJohn SextonJohn Watson FunderJohn WeirJollification Pty LtdJonathan DawsonJonathon Martin BigginsJose Maria LaraJotz Productions Pty LtdJulian David Keith ThomasJuniper Films Pty LtdK FilmsKAETKahukura Productions LtdKaleidescope Entertainment IncKaplan Productions (Formerly SunriseAssociates Ltd)Karen HughesKaren ThorsenKath Shelper trading as Axle FilmsKathleen O'BrienKathryn MillardKathy Morgan InternationalKCET (Community Television ofSouthern California)KCTS TelevisionKeirfilm Productions LtdKellerban Pty LtdKennedy Miller Pty LtdKennedy White Pty LtdKerry Negara

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Kevin RaffertyKeystone PicturesKinémage International IncKing World Productions IncKinnevik Media Properties LtdKitaron Productions Pty LtdKnowledge Network, Open LearningAgencyKQED-TV IncKUTV LPLakeshore InternationalLandcare Australia LtdLandseer Film & Television ProductionsLtdLarge Door LimitedLargo Entertainment, IncLarry George ParrLaura JonesLawrence O Holmberg JnrLawrence WebbLearning Designs IncLeman Productions LtdLes Films ArianeLes Films D’iciLes Films Du CarrosseLes Films Du LosangeLes Productions ISCALeucadia Film CorporationLFP SA-Les Films PelléasLiberty International Entertainment IncLifetime Productions InternationalLight Source Films Pty LtdLighthouse Films Pty LtdLilliana Gibbs Productions Pty LtdLimelight ProductionsLions Den Productions Pty LtdLittle Universe Films Pty LtdLive InternationalLive It Up Productions Pty LtdLiving Pictures (Australia) Pty LtdLiving Pictures Productions Pty LimitedLivingstone Productions LtdLiz Difiore trading as D & D ProductionsLJ Merchandising Pty LtdLondon Electronic ArtsLondon Film Productions LtdLone BorsingLook Film Productions Pty LtdLook Sharp ProductionsLook Television Productions Pty LtdLorraine GroleauLucasfilm LtdLucky Country Productions Pty LtdLumiere Productions IncLumiere SAM and A Film Productions Pty LtdMacMillan Films Pty LtdMacquarie UniversityMagic Boot Entertainment Pty LtdMagnus CarlssonMajestic Films LtdMalcolm DouglasMalcolm John Jones

Manga Entertainment LimitedManiana Holdings Pty Ltd T/as ReelImagesMaracaibo Films Pty LtdMarathon InternationalMarc Levie VisualsMarcus D’ArcyMarek RozenbaumMargaret Anne BrockMargaret Fink Films Pty LtdMargaret ScottMark EliotMark PooleMark Spratt trading as Potential FilmsMarket Street Films Pty LtdMarkus LambertMarlin Media Distribution ABMarquee Entertainment, IncMartien CouckeMartin Kurt FriedelMaryland Public TelevisionMassimo VigliarMatt Carroll Films Pty LtdMayfair Entertainment InternationalMayfan Pty LtdMaysles Films IncMcKinnon Films LtdMDP WorldwideMe, Myself & Eye - Film - Und TVProduktions GmbHMedia Arts International Pty LtdMedia World Features Pty LtdMedia World Pty LtdMediacast Pty LtdMediaset SPAMediterranee Film ProductionsMedstar Television, IncMeech Grant Productions LimitedMeerkat Productions BVMelodrama Pictures Pty LtdMerchant Ivory ProductionsMercure Distribution SARLMeridian Film Productions LimitedMeridian Films Pty LtdMerrion Frances FoxMetro - Goldwyn - Mayer Studios IncMetropolis Filmvertrieb AGMichael BlackwoodMichael Blackwood Productions IncMichael HallMichael HavasMichael HollanderMichael Hurll TelevisionMichael SchlomerMichael Searle Nominees Pty Ltd tradingas Storyteller ProductionsMichel DuboisMiel van HoogenbemtMilestone Film & Video, IncMills Street Productions Pty LtdMinotaur International LtdMiramax International

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MISR International Films (YoussefChahine & Co)Mistpalm Pty LtdMitzi GoldmanMolitor ProductionsMonash UniversityMoonstone EntertainmentMore Than Illusion Films Pty LtdMorgan Creek International, IncMorgan Schiff Pty LtdMorrison Grieve LimitedMosaic Films LtdMosaic Pictures LtdMotion Arts Australia Pty LtdMotion Control LtdMountain of Light ProductionsMovie Group IncMovie Reps InternationalMovietime SRLMoving Images Distribution SocietyMP Consulting International, IncMPC Publishing and Collection BVMTV Music TelevisionMulga Wire Pty LtdMultimedia Entertainment IncMundovision LtdMurdoch Magazines Pty Ltd trading asBetter Homes and Gardens TVMurdoch Media Pty LtdMurray-Darling Basin CommissionMushroom Pictures Pty LtdNadia WheatleyNatalie Miller Pty Ltd t/a Sharmill FilmsNational Centre for Australian StudiesNational Film Development CorporationNational Institute for Deaf Studies, LaTrobe UniversityNatural History New Zealand LtdNBC, IncNBD Television LtdNBN LimitedNebraskan's for Public Television IncNecessary Illusions Productions IncNederlandse Omroep Stichting (NOS)Negus Media International Pty LtdNelvana Enterprises IncNetwork TEN LimitedNew Age Publishers Pty Ltd t/a New EraFilmsNew Line InternationalNew South Wales Rugby League LtdNew World Entertainment, LtdNew York Centre for Visual HistoryNew Zealand Film CommissionNewvision Film Distributors Pty LtdNewvision International Pty LtdNGTV International Ltd and TimewiseInvestments Ltd t/a Explore InternationalPartnershipNick Torrens Film Productions Pty LtdNine Network Australia Pty LtdNinox Films LtdNippon Hoso Kyokai

NIS Film Distribution HollandNoble Productions, IncNomad Films International Pty LtdNomad Television Productions Pty LtdNordisk Film International SalesNorstar Entertainment IncNorth American Releasing IncNorth South Productions LtdNorthway Productions Pty LtdNorton Productions LtdNorwegian Film InstituteNRK AktivumNRK (Norwegian BroadcastingCorporation)NSW HealthNu Image, IncNVC Arts LtdÖ Filmproduktion Frank LÖprich & KatrinSchlÖsser GmbHOakum Productions LtdOasis Pictures IncOCP LtdOctin Pty LtdOdyssey Pictures CorporationOffshore Productions Pty LtdOIBOOlsen Levy Productions Pty LtdOmar Khayam Film ProductionsOmega Entertainment LtdOmnicron Productions LtdOne World Films Pty LtdOnset Productions Pty LtdOpen Eye Pty LtdOpen Learning Agency of Australia PtyLtdOpen Training & Education NetworkMedia Production UnitOpera AustraliaOracle Pictures Pty LtdOrana Films Pty LtdOrion Pictures CorporationOverseas Film GroupOxnard Pty LimitedPacem Distribution International, LLCPadam Rag TV InternationalPalace Entertainment Corporation Pty LtdPalan Music Publishing LtdPalestine Housing Rights MovementPandora CinemaPanoramica Pty LtdParagon InternationalParamount Pictures (Australia) Pty LtdParham Media ProductionsParliament of AustraliaParrot Management Pty LtdPassport International Productions IncPathe ImagePathe TelevisionPatricia FiskePaul De LangePaul SteklerPavilion International LtdPC Films Corporation

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PDJ ProductionsPedro Maso ProduccionesCinematograficas, SAPenisun Pty Ltd trading as SquawkMediaPer Holst Film A/SPeter CursonPeter Downer & Associates Pty LtdPeter FriedmanPeter Gerard FloodPeter John JarmanPeter Neale Drama Services Pty LtdPeter SingerPhilip Ellery for The Ellery Family TrustPhillip Emanuel Productions Pty LtdPicture Music InternationalPicture Palace Pty LtdPicture Start IncPig Hell Productions Pty LtdPike Fitzpatrick Nominees Pty Ltd tradingas RONIN FILMSPilgrim International LtdPilgrim Pictures LtdPilot Film & Television Productions LtdPiper Films Pty LtdPlaisance - SippPlanet 24 LimitedPlaybox TheatrePlayboy Entertainment Group, IncPlumb Productions LtdPM EntertainmentPointblank Pictures Pty LtdPolygram Holdings IncPolygram Video International LtdPopwing Pty LtdPorchlight Films Pty LtdPoseidon Film Distributors LtdPraesens-Film AGPrecious Capers Pty LtdPresident FilmsPreston Laing Productions LtdPrime Television LimitedPrime Time Productions Holdings Pty LtdPrimetime Television Associates LtdPro Films (#3) Pty LtdPro Television Pty LimitedPromark Entertainment GroupProspect Productions Pty LtdProspero Productions Pty LtdPT Inter Ksatrya FilmPT Satrya Perkasa Esthetika FilmPublic Affairs Television, IncPuzon Creative Entertainment of AmericaQuadra Entertainment, IncQueensland Television LimitedR and S Hore Pty LtdR D B WhalleyR Navaratnam trading as StrathfieldInternationalRachel BergerRadio Netherlands Television - RNTVRadio Pictures Pty LtdRadioactive Films Inc

Radiotelevision Espanola, RTVERAI InternationalRAI Trade SpARalph UmardRamsey Films Pty LtdRandy HollandRank Film Distributors LimitedRantan Productions Pty LtdRapi FilmsRashomon Pty Ltd t/a Mail & GuardianTelevisionRay Atkinson Multi-Media Marketing LtdRB Films Pty LtdRealworld Pictures Pty LtdRed Sky Film and Television LimitedRedwood Communications LLCReel Movies International, IncRegina Ziegler FilmproduktionReid & Puskar Pty LimitedRenn ProductionsRepublic Entertainment IncReuters Australia Pty LtdRichard Drewett Productions LtdRichard LopesRichard Moore trading as RM FilmsRichard RaftosRichard Sowada trading as Dakota FilmsRichard TurnerRichley Communications Pty LtdRick Raftos Management Pty LtdRiff International Production SARincovision Ringier AGRishi Films LtdRive Gauche International TelevisionRKO PicturesRM Associates International LtdRoadshow Coote & Carroll Pty LtdRoadshow Entertainment Pty LtdRoadshow Film Distributors Pty LtdRoadshow Television Pty LtdRob McAuley Productions Pty LtdRobert A CocksRobert GreenbergRobert RaymondRobert RichterRobyn Patricia StoneRobyn WilliamsRock Eisteddfod Challenge Pty LtdRoger Laurence KitchingRoger Whittaker Films Pty LtdRoissy FilmsRolf BergmanRon Taylor Film Productions Pty LtdRon V Brown InternationalRoos A Molleman-De VriesRosalind GillespieRoss IsaacsRoyal College of ArtRoyal Melbourne Institute of TechnologyRoyal Oaks EntertainmentRT Films Pty LtdRuggero GabbaiRuppert Gabriel

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Russell TaylorRutherford Films Holdings Pty LtdRymer Bayly Watson Pty LtdRysher Entertainment, IncS EntertainmentS4CSami SarkisSamson Film Services LimitedSandra Carter Enterprises Inc trading asSandra Carter ProductionsSandy HarbuttSarah Stephens t/a Fertile FilmsSarbani BhattacharyaSARL Les Films Du VillageSasha HaddenScience Video ServiceScott HicksScottish Television EnterprisesScreen Ventures LtdScreenlife IncorporatedSeaflower Holdings Pty LtdSenso Film, Georg KilianSensory Perception Pty LtdSerendipity Productions Pty LtdSerious Productions Pty LtdSFP ProductionsSHK SarlShochiku Co LtdShowboat Productions Pty LtdShowcase Entertainment, IncSimon AtkinsSimon Harry DoddSimpson Le Mesurier Films Pty LtdSinging Nomads Productions Pty LtdSiobhan McHughSky Visuals Pty LimitedSmart Egg Pictures IncSmiley Films Pty LtdSmith Street Films Pty LimitedSociety for the Study of Myth andTradition IncSOFIDOC Production sa/nvSogepaq SASomers Carroll Pty LtdSomething to Sing About Pty LtdSonja Armstrong Productions Pty LtdSony Music Entertainment IncSorena Productions Pty LtdSorena Pty LtdSOS PicturesSoundsense Pty LtdSouth Australian Film CorporationSouth Australian Telecasters LtdSouth Pacific Pictures LimitedSouthern Cross Communications LtdSouthern Star EnterprisesSouthern Star Entertainment Pty LtdSouthern Star Film Sales Pty LtdSouthern Star Group IncSouthern Star Group LimitedSouthern Star Group Pty LtdSouthern Star Operations Pty LtdSpecial Broadcasting Service

Spectacle Productions LtdSpelling Films International, IncSpiderweb Productions LtdSpirit 2000 Productions Pty LtdSR Programs International LtdStarway International CorporationStella Motion Pictures Pty LtdStephanie McCarthyStephen J Cannell Productions IncStephen M TrombleyStephen RamseyStichting C SalesStichting Jura FilmproduktiesStockley Chase Productions Pty LtdStormbringer Films Pty LtdStudio Hamburg Atelier GmbHSuissimage, Swiss Author’s RightsSociety for Audiovisual WorksSullivan Entertainment InternationalSummer Hill Films Pty LtdSunburnt Pictures Pty LtdSunny Film USA, IncSunshine Television Network LimitedSurf Film s.r.l.Survival AngliaSusan Jill BridgeSwan Television & Radio BroadcastersPty LtdSwedish Film InstituteSwinburne University of TechnologySydney Educational Broadcasting Ltd t/aRadio 2SER-FMSydney Neter DistributionSylvie Le ClezioSymos Communications Pty LtdTakes On ProductionsTaman Sari Productions Pty LtdTapestry Films, IncTapestry International LtdTarantula Pty Ltd t/a Stoney CreekProductionsTarget Distribution LtdTasmanian Department of Education,Communityand Cultural DevelopmentTaxi ProductionsTele - ImagesTelecasters Australia LimitedTelemondis, SATelepool EuropaischesFernsehprogrammkontor GmbHTelevision and Film Productions LtdTelevision New Zealand LtdTelevision Sport and Leisure LtdTelewizja Polska SATell Tale Films Pty LtdTelling Pictures IncTenchijin Productions Pty LtdTeodoro ManiaciTF 1 InternationalThames Television International LtdThames Television LimitedThe Arts Council of England

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The Battleships Pty LtdThe Best Picture Show Co Pty LtdThe Big Byte Productions Pty LtdThe Big Red Pty LtdThe Cameron Creswell Agency Pty LtdThe Coproduction OfficeThe Dean, Department of Aboriginal andIslander StudiesThe Dean, Department of Aboriginal andIslander StudiesThe Gibson Group LimitedThe Globe Film Co Pty LtdThe Japan FoundationThe Liners Pty LtdThe Movie House Sales Company LtdThe National Press Club IncThe Notion Picture Company Pty LtdThe Ontario Educational CommunicationsAuthorityThe Refugee CouncilThe Shooting GalleryTheodorus AngelopoulosThought Films Pty LtdThrain Australia Pty LtdTim GruchyTintern Trial Pty Ltd trading as PremiumFilmsTitus Films (Australia) Pty LtdTitus Films Pty LtdTMS Distribution Pty LtdTNS ProductionsToho International Co LtdTom BurstallTomorrow Film Corp.Top Shelf Productions LimitedTopaz Productions LtdTotal Film & Television Pty LtdTouchdown Productions LtdTracey Geraldine MeredithTracey HollowayTrans Atlantic EntertainmentTrans World Films LtdTrans World International Pty LtdTransatlantic Film Production &Distribution Company LimitedTransit Film GmbHTrevor Haysom Enterprise LtdTrident Releasing, IncTrimark Pictures, Inc.Trish FitzSimons t/a Wisteria FilmsTristram Miall Films Pty LtdTroma, IncTrout Films Pty LtdTrue StoriesTrustees Of Sisters of St JosephTSC Film Distribution CorporationTSI - Swiss TelevisionTurner Pictures Worldwide IncTV 2/DanmarkTV NovostiTVA International IncTVF InternationalTVS Television Limited

TVW Enterprises LtdTwentieth Century Fox Film Corporation(Australia) Pty LtdTyburn Film Productions LimitedTyrone Productions LtdUGC DA InternationalUGC UK LtdUltrafilms Pty LtdUlyssee Entertainment, IncUnited Artists (Australia) Pty LtdUnited Media Services Pty LtdUniversal Studios International BVUniversal TV Australia Pty LtdUniversity of AucklandUniversity of Western Sydney,HawkesburyUniversity of Wisconsin Board ofRegents WHA-TVUniversity of WollongongV/K - SovExportFilmValhalla Holdings Pty LtdValhalla Productions LtdVan Dielen / Bernstein GmbHVictoria StrongVictorian Tertiary Admissions CentreVidefilm Producers International LtdVideo Images Pty LtdVideo VeriteVietnam Film Export - Import andDistribution Company (FaFilm Vietnam)View Films Pty LtdVine International Pictures LtdViscopy LtdVision InternationalVisual Images Pty LtdVivid Pictures Pty LtdVixen Films Pty LtdVue Pty LtdWarlpiri Media Association IncWarner Bros International TelevisionDistribution (a division of Time WarnerEntertainment Company, LP)Watchmaker Productions LimitedWeis Films Pty Ltd T/A Generation FilmsWest City Films, IncWest Coast Pictures Pty LtdWest Side Studios, IncWestern International SyndicationWestern Radio Broadcasters IncWGBH Educational FoundationWhamo Entertainment, IncWhite Crane Films LimitedWHYY IncWild Heart Productions Pty LtdWild Visuals Pty LtdWildcat Films LtdWildfilm Australia Pty LtdWildfire Films International Pty LtdWilliam J KentridgeWIN Television VIC Pty LtdWomen Make Movies IncWomen of the Earth Pty LtdWorkWeek Television Productions Inc

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World Film Services IncWorld International Network, LLCWorld Media SalesWorld Wide Group LtdWorldview Pictures LtdWorldvision Enterprises IncWorldwide Television News Corporation(WTN)WOSU-TVWQED Pittsburgh, IncWriters Guild of JapanXingu IncYarra Bank Films Pty LtdYeah IncYork Films LtdYorkshire Tyne Tees Enterprises LtdYorkshire Tyne Tees Television LtdYoungheart Productions Pty LtdYu Hsiu ChingZarwot Pty LtdZDFZenith Productions LimitedZoic Films Pty Ltd