Introduction
The purpose of the 5-step contracting guidelines is to assist performing arts companies and individuals to negotiate and reach agreement about the respective rights and obligations of creative contributors involved in a digital multimedia recording project ('multimedia project' or 'project').
In order to understand the complex intellectual property issues, a series of copyright workshops were facilitated by Cinemedia and conducted by Jamie Wodetzki, Senior Associate (Technology and Communications) with Minter Ellison Lawyers. The workshops assisted the companies in understanding what was involved in clearing and negotiating the appropriate rights for a digital environment. Each of the participating companies worked through the contracting process as part of the PAML Pilot Project. It was through these workshops and negotiations that the 5-step contracting guidelines evolved.
The 5 step contracting guidelines provides information to assist in identifying, negotiating and clearing the appropriate rights for a digital environment, managing moral rights in a multimedia product and analysing methods of payments.
An overview of copyright,
copyright explained, supports these guidelines. An
example performers agreement was devised particular to the objectives of the pilot project and demonstrates the process translated into contract form. For further details of the companies copyright management see case studies management stream.
Disclaimer
The information in the 5-step Contracting Guide is of a general nature and accordingly many issues have been simplified or not comprehensively covered. Expert advice should be sought prior to relying on or applying this information to specific circumstances. The legal guidelines and copyright overview were adapted from guidelines prepared by Minter Ellison Lawyers for the Copyright Royalties Unit at the Center for Telecommunications and Information Engineering at Monash University. Information from the case studies has been collated from the documentation of the PAML Pilot Project.
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