![]() ![]() The Copyright Act requires the legal transfer of copyright to be in writing, signed by the person transferring the copyright. For more information, see Arts Law’s information sheet on Copyright.Įmerging filmmakers sometime overlook the need to document the service contracts for people involved writing and production a film. Providing services as the scriptwriter, director, director of photography, camera operator,Įditor or leading actor do not, in themselves, result in that person being a ‘maker’ of the film. This is typically the producer of the film. In other words, the strongest claim to be the ‘maker’ of a film, and therefore the first owner of the copyright, is the person or people who carried out the arrangements and organized the production of the film including the business and financial arrangements to make the film. The Act describes the “making of a cinematograph film” as being “the doing of the things necessary for the production of the first copy of the film” and the ‘maker’ of a film as being “the person by whom the arrangements necessary for the making of the film were undertaken”. The significance of the ‘maker’ of a film is that it is the maker of the film who owns the copyright in the film. The Copyright Act does not refer to the ‘producer’ of a film rather the Act refers to the ‘maker’ of a film. The implementation of a business structure, with written contracts that work with that a business structure, is the primary means of establishing certainty as to what person or what legal entity owns the copyright in the film. Getting started – who is the ‘maker’ of the film? Australian courts have held that computer games that present a series of images as a moving picture – such as where the events represented on the screen vary according to the actions of the player of the game – constitute a “cinematograph film” as defined in the Copyright Act 1968. Each of these business structures will be considered as well as the procedure for establishing each business structure.įor simplicity this information sheet refers to films and filmmakers although the information is also relevant to computer games developers. This information sheet considers the advantages and disadvantages of the following business structures: operating as a sole trader as a partnership and as a company. The choice of a business structure will be influenced by the complexity of the production and the risk of things going wrong in the production. Each of these business structures will be considered as well as the procedure for establishing each business structure.įilmmaking can be undertaken by one person, or a small group, or with an extensive cast and production and post-production crew managed by a number of ‘producers’ with different job descriptions and titles. ![]() In this information sheet:įilmmaking can be undertaken by one person, or a small group, or with an extensive cast and production and post-production crew managed by a number of ‘producers’ with different job descriptions and titles. Each of these business structures will be considered as well as the procedure for establishing each business structure. ![]() Filmmaking can be undertaken by one person, or a small group, or with an extensive cast and production and post-production crew managed by a number of ‘producers’ with different job descriptions and titles. ![]()
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