Members’ Only Resources
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AWG Notices
Notice to members: The AWG’s Auditor has resigned, and ASIC has approved this resignation. The National Executive Committee (NEC) has approved the appointment of Daley Audit as the new auditors.
Member’s Only Industrial Resources
AWG membership entitles full members to unlimited industrial advice. Associate members are entitled to 6 hours of industrial advice per year.
This industrial advice includes the following services:
- provision of AWG minimum rates and template contracts;
- contract reviews and advice on where the contract proposed by the producer differs from AWG recommendations;
- provision of information on copyright protection and infringement, fair and reasonable conditions for writers entering competitions and festivals, credits and the application of the Screen Credits Manual, moral rights, residuals and royalties.
Please note that whilst we endeavour to answer each enquiry as swiftly as possible, it can take from 3-5 days for a response so be sure to contact our Industrial and Policy Manager, Bryant Apolonio, by email at industrial@awg.com.au as soon as your need for this service arises.
It is important to note that there is a distinction between industrial advice and legal advice. Unfortunately, we are not able to provide you with legal advice or services such as negotiating changes to contracts, acting on your behalf in copyright or contract disputes, drafting legal letters or documents. In these situations, we can only advise that you seek independent legal advice or take advantage of the free legal advice services provided by organisations such as Arts Law Centre of Australia.
As a service to its members, the Australian Writers’ Guild has put together a number of useful resources that may be of assistance to you.
- COVID-Safe Writers’ Rooms: Your Right to a Safe Workplace, found here.
- Theatre Streaming Guidelines during COVID-19, found here.
- Television Writers Code of Conduct, found here.
- Screen Credits Manual, found here.
- Moral Rights Accord, found here.
- Television Series Creator and Executive Producer (Showrunner) Guidelines, found here.
- FAQ on Agents, including how to find an Agent and the role of an Agent, found here.
Webinars
On 5 June 2020, AWG Senior Industrial Officer Bryant Apolonio sat down with veteran writer/showrunner Peter Mattessi to discuss the AWG Industrial resources available to members, and how to use those resources to protect your work. The panel was supported by Scripted Ink., and is now available to all AWG members.
View the accompanying presentation here.
On 2 July 2020, AWG’s Senior Industrial Officer Bryant Apolonio and playwright and journalist Melanie Tait join us for a dedicated playwrights’ industrial session, looking at the resources your Guild can provide you and how to use these resources to protect your work. The session covers the terms of the Theatre Industry Agreement (2016), AWG’s Theatre Streaming Guidelines (2020), your rights and entitlements, with a focus on the impact of COVID-19, and Government support for the theatre industry.
To view the accompanying presentation, go here.
Copyright Information
Copyright law creates incentives for people to invest their time, talent and other resources in creating new material – particularly cultural and educational material, which benefits society.
In Australia, copyright law is set out in the Copyright Act 1968 (Cth). This is federal legislation, and applies throughout Australia.
Although the Act dates from 1968, it sets out how copyright applies for material created both before and after that date. It has been regularly amended since 1968, to bring it up to date with evolving technologies and concerns. In addition to dealing with copyright rights, the Act also deals with performers’ rights and the “moral rights” of individual creators.
Copyright raises a number of questions for writers and we have answered some of common ones below, however, more useful information may be available in this booklet issued by the Australian Copyright Council.
No. The law does not protect ideas. Copyright only protects the form in which an idea is expressed, that is your script and the way the idea is expressed in your script, and not the idea itself.
No. Names and titles cannot be copyrighted as they aren’t original and/or substantial enough to warrant copyright protection. Names and titles can however be registered as trademarks through IP Australia. For further information visit their website at www.ipaustralia.gov.au
In most countries, yes. Australia is a signatory to a number of treaties relating to copyright including the Berne Convention and the agreement on Trade Related Aspects of Intellectual Property Rights. As a result your script is afforded copyright protection in other countries that are signatories to the treaties, which includes most countries. Similarly Australia provides protection to copyright holders from these countries too.
By registering your script you establish the completion date and ownership of your work. It does not confer copyright on your script, but it provides evidence of your claim to authorship of the literary material involved and its date of completion. Remember that priority of ownership may not necessarily be proved if your script is sent to a reader or producer before it is registered with the Australian Writers’ Guild.
To register your script, head here.
There is no need to register it in the USA if it is registered in Australia, though in some cases it may be helpful. Australian copyright is recognised in the USA, so your script is protected. However if a case arises in the USA over the ownership of the script, it is simpler if the script is registered in the USA.
Prior to 1 January 2005 copyright lasted until 50 years from the end of the year in which the creator died, or for some material, until 50 years from the end of the year in which the material was first published. This period has now been extended, in most cases, to 70 years from the end of the year in which the creator died or 70 years from the end of the year in which the material was first published.
