Australian Screen Directors Authorship Collecting Society Ltd (ASDACS)

Summary

On 13 March 2020, Australian Screen Directors Authorship Collecting Society Ltd (ASDACS), on behalf of its current and future screen director members, applied for authorisation to alter its constitution to provide that:

  • members must assign their copyrights under the ‘retransmission scheme’ to ASDACS (that is, any copyrights that a director has in a non-commissioned film that is included in the retransmission of a free-to-air broadcast under the Copyright Act 1968 (Cth) (Copyright Act)), and
  • ASDACS collect the money paid by retransmitters to Screenrights (who is the declared collecting society appointed under the Copyright Act) under the retransmission scheme, and distribute it to relevant directors and overseas collecting societies.

ASDACS sought authorisation for five years. ASDACS did not seek to collectively negotiate remunerations with retransmitters or Screenrights. Directors would also be free to resign from ASDACS and require reassignment of their copyrights. 

On 17 June 2020, the ACCC issued a draft determination proposing to grant authorisation for five years.

On 28 August 2020, the ACCC granted authorisation to ASDACS. If no application for review of the determination is made to the Australian Competition Tribunal, the authorisation will come into effect on 19 September 2020.

The full final determination decision document can be found below.

Further information on the application for authorisation is also available below.

A timetable is set out below for your information.

13 March 2020

Lodgement of application and supporting submission.

30 March 2020

Public consultation process begins.

20 April 2020

Closing date for submissions from interested parties.

4 May 2020

Applicant responds to issues raised in the public consultation process.

17 June 2020

Draft determination.

June/July 2020

Public consultation on draft determination including any conference if called.

28 August 2020

Final determination.

19 September 2020

Authorisation comes into effect.

Applicant(s)

  • Australian Screen Directors Authorship Collecting Society Ltd (ASDACS)

Authorisation number(s)

  • AA1000474-1

Applications

Document title Date

Decisions

Document title Date

Submissions - before draft decision

Submissions - after draft decision