Last updated: February 2026

1. Licence Agreement

1.1 Parties

Heritage Films Pty Ltd (trading as The Big Studio Movie Licence) owns or controls the rights to grant licences for the non-theatrical public performance of certain motion picture films in Australia and New Zealand. Heritage Films is referred to as the Licensor.

The organisation purchasing a licence is referred to as the Licensee.

2. Definitions

In these Terms & Conditions:

• Facility Provider means an organisation operating within the Land Lease, Over-50s, Retirement Living, Residential Aged Care, Day Centre, Church, or community sectors, whose premises are not open to the general public but include communal spaces that constitute public performance environments for copyright purposes.
• Films means feature films for which the Licensor owns or controls non-theatrical public performance rights in Australia or New Zealand, as updated from time to time at www.bsml.com.au.
• Locations means all facilities, premises, or sites listed on the relevant invoice or licence documentation.
• Purposes means the public performance of films where the audience primarily consists of residents, members, staff, or invited guests.
• Territory means Australia and New Zealand.
• Licence Term means the twelve (12) month period commencing from the date of invoicing, unless otherwise stated.
• Annual Licence Fee means the fee payable by the Licensee for the Licence Term, as specified on the invoice.

3. Grant of Licence

3.1 Licence

The Licensor grants the Licensee a non-exclusive, non-transferable licence to publicly perform the Films at the Locations for the Purposes during the Licence Term.

3.2 Exclusions

This licence does not permit the Licensee to:

• publicly perform films at fundraising events or events promoted to the general public;
• advertise or promote film screenings outside the local facility environment;
• permit third parties to publicly perform films using the Licensee’s facilities;
• duplicate, edit, or modify films.

4. Materials and Music Rights

4.1 Film Copies

The Licensee must legally obtain copies of films (DVD, digital, or streaming) from authorised sources. Existing lawfully acquired copies may be used.

4.2 Music Performance Rights

Public performance rights for music embodied in films are either:

• licensed through APRA/PPCA or their New Zealand equivalents;
• in the public domain; or
• controlled by the Licensor to the extent required for the Licence.

The Licensee is responsible for securing any additional music licences required.

5. Licence Term and Renewal

5.1 Term

Each licence is issued for a fixed Licence Term of twelve (12) months commencing from the date of invoicing.

5.2 Renewal

Licences are issued on an annual basis and are subject to renewal. Licence fees may be adjusted upon renewal in line with the Consumer Price Index (CPI) or changes to:

• the number of authorised attendees;
• the number of Locations; or
• the scope of operations.

5.3 Notice of Non-Renewal

A licence will automatically renew for successive twelve (12) month periods unless cancelled by either party at the end of the current Licence Term.

Either party may give written notice of intention not to renew a licence by providing at least sixty (60) days’ written notice prior to the end of the then-current Licence Term.

If the Licensee does not provide timely notice of non-renewal, the licence will renew for the following Licence Term, and the Licensee will be responsible for payment of the full annual licence fee for that term.

No refunds or credits will be provided in respect of a renewed Licence Term where notice of non-renewal was not given in accordance with this clause.

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6. Activation and Acceptance

6.1 Activation

A licence is not valid until payment of the invoice has been received and cleared.

6.2 Acceptance

Payment of an invoice constitutes acceptance of these Terms & Conditions and entry into a copyright licensing agreement with the Licensor.

The paid invoice serves as the Licensee’s certificate of coverage for the Locations and Licence Term specified.

7. Operational Changes and Use

The Licensee acknowledges that changes to:

• programming or scheduling;
• staffing or volunteer involvement;
• frequency of screenings;
• temporary suspension of activities; or
• internal operational review

do not, of themselves, remove the legal requirement for copyright licensing.

8. Cancellation and Termination

8.1 Mid-Term Cancellation

Licences issued by The Big Studio Movie Licence are fixed, annual commitments.

Cancellation of a licence part-way through a Licence Term, including requests for pro-rata refunds, are not permitted.

In limited circumstances, an exception may be considered for single-site licence holders only. Any such exception is assessed on a case-by-case basis by the Licensing Manager and is granted entirely at the discretion of the Licensor. There is no automatic entitlement to cancellation or refund.

Multi-site licences are not eligible for mid-term cancellation or pro-rata refunds.

8.2 Permanent Cessation of Movie Screenings

A licence may be cancelled only where the Licensee can demonstrate that public performance of films has permanently ceased.

Permanent cessation requires confirmation that films are no longer performed in any communal, group, programmatic, educational, or event-based setting, whether by staff, visitors, volunteers, contractors, residents or third parties, across all Locations covered by the licence.

Where permanent cessation occurs, cancellation will take effect at the end of the current Licence Term, unless otherwise agreed in writing by the Licensor.

A licence may be cancelled at the time of its annual renewal where movies are no longer performed in common areas at the premises.

As part of the cancellation process, the Licensor may require the Licensee to sign a cancellation agreement or declaration confirming that movies are no longer being shown across the licensed facilities.

8.3 Multi-Site Organisations

Where a licence covers multiple Locations, cancellation is not permitted unless permanent cessation applies to all Locations included under the licence.

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9. Refunds and Credits

9.1 General Rule

Licence fees are payable in advance and relate to copyright permissions distributed to multiple rights holders at the commencement of a Licence Term.

As a general rule, licence fees are non-refundable once a Licence Term has commenced.

9.2 Limited Discretion

Refunds or credits may be considered only in limited circumstances where:

• the Licensee operates from a single Location;
• public performance of films has permanently ceased; and
• the operational structure of the Licensee makes future public performance unlikely.

9.3 Non-Qualifying Circumstances

Refunds will not ordinarily be provided where cancellation is requested due to:

• reduced or paused usage;
• staffing or volunteer changes;
• temporary program suspension; or
• internal reviews or restructuring.

9.4 Form of Refund

Any approved refund or credit is granted at the sole discretion of the Licensor and may be issued as a partial refund or account credit rather than a full refund.

10. Assessment of Use

In assessing cancellation or refund requests, the Licensor may consider:

• organisational structure and staffing;
• publicly available information;
• the number of screens and communal spaces; and
• the practical realities of how films are commonly used in comparable settings.

Decisions are based on reasonable likelihood of public performance, not solely on stated intent.

11. Withdrawal of Films

The Licensor may withdraw any film from the licence by written notice due to rights disputes, claims, or licensing limitations. The Licensee must comply promptly with such notice.

12. Governing Law

This Agreement is governed by the laws of Australia. Each party submits to the exclusive jurisdiction of the courts of Australia.

13. Contact

For questions regarding licensing, compliance, or these Terms & Conditions, please contact:
info@bsml.com.au

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