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Terms of Trade
NFSA DELIVERABLES

On 1 July 2011, Screen Australia’s documentary collection library and sales functions were transferred under legislation to the National Film and Sound Archive of Australia (NFSA). This transfer generated a review of the processes under which producers are obliged to deliver curatorial materials and, in the case of National Documentary Program (NDP) projects, grant rights to the NFSA. 

Up until 30 June 2011, these obligations arose under the Production Investment Agreement (PIA). However, in recognition of the new arrangements which will apply to the NFSA’s acquisition of library rights on NDP projects from 1 July 2011, and in order to streamline the PIA, Screen Australia and the NFSA have introduced a process whereby producers will now contract directly with the NFSA to establish those obligations.

The new agreement between producers and the NFSA is in the form of a short form Deed. This approach is not intended to inconvenience producers or slow down the contracting process. The Deed does no more than provide the NFSA with a direct line to producers for the same obligations as were previously set out in the PIA, and will not be the subject of comment by the NFSA or Screen Australia provided it is not amended by producers other than to enter details of the film. The Deed should also improve the process of delivery to the NFSA as there will be no uncertainty about what is required and when.

Depending on the type of production being funded, the process will be as follows:

For all projects other than NDP documentaries

The agreement between producers and the NFSA covers the delivery of curatorial materials to the NFSA. A model for the Deed has been settled between Screen Australia and the NFSA and will be provided by Screen Australia to producers on or shortly after Screen Australia funding approval. 

The model Deed includes instructions for its completion to assist producers. Producers will need to:

  • insert the details of the film into the Deed
  • execute the Deed
  • send it by email to the NFSA.

The NFSA does not need to execute the Deed but will confirm acceptance by reply email. 

Screen Australia will need to see a copy of the Deed executed by the producer and the NFSA’s reply email prior to release of Screen Australia’s first drawdown of its investment.

For NDP documentaries

The agreement between NDP producers and the NFSA is a short form Deed which, in addition to providing for delivery of curatorial materials to the NFSA, also grants the NFSA rights to on-licence the film as part of the documentary collection library. A model for the Deed has been settled between Screen Australia and the NFSA and will be provided by Screen Australia to producers on or shortly after Screen Australia funding approval. 

The model Deed includes instructions for its completion to assist producers. Producers will  need to:

  • insert the details of their film into the Deed
  • execute the Deed
  • send to it by email the NFSA for execution.

The NFSA will email its signature back to the producer with a copy to Screen Australia. 

Screen Australia will need to receive a copy of the fully executed Deed prior to release of the first drawdown of its investment.