Updated October 27, 2023.
A. Heritage Films owns or controls the right to grant licences for the non-theatrical public performance in Australia and New Zealand for certain motion picture films and exercises these rights under the umbrella licence product called ‘The Big Studio Movie Licence’. Heritage Films shall be known as ‘The Licensor.’
B. Heritage Films agrees to grant the Land Lease/Over 50s/Retirement Living/Residential Aged Care/Day Centre/Church Facility providers a licence to authorise them to publicly perform the Films at the Locations for the Purposes on the terms and conditions set out in this agreement. Shall also be known as ‘The Licensee.’
In this agreement:
Facility provider means an organisation or business within the Land Lease/Over 50s/Retirement Living/Residential Aged Care/Day Centre/Church Community sectors, that is not open to the public but provides facilities with on-site common areas that are deemed public with regard to copyright.
Films means the feature film(s) for which Heritage Films owns or controls the non theatrical public performance rights in Australia or New Zealand respectively, and which are available on DVD and Digital in Australia or New Zealand from the following studios: Roadshow Films, Warner Bros, Walt Disney Pictures, Sony Pictures Releasing, Fox, Universal, Paramount, MGM, Marvel, Pixar, EntertainmentOne, Transmission, Madman, Studio Canal, Hopscotch, Icon and Hoyts Distribution and any other studio which
Heritage Films may advise the facility provider from time to time. An updated list of studios covered can be found at bsml.com.au.
Purposes means the purposes of publicly performing the film(s) where the audience primarily consists of authorised attendees such as residents, church members or invited guests.
Territory means Australia and New Zealand.
Locations means all of the licensee’s facilities that have been identified to screen movies and therefore sit within the legal requirement for copyright licensing.
Annual site licence fee means the amount that the licensee will pay to the licensor annually. It is understood that any increases in this site fee upon renewal are linked to the Consumer Price Index (CPI) or an increase in the number of authorised attendees on site.
A. The licensor grants to the licensee a non-transferable, non-exclusive licence for the non-theatrical public performance by the licensee at the locations for the purposes for 12 months from the date of invoicing.
B. Despite the above, this licence does not permit the licensee to:
i. Publicly perform a film(s) at a fundraising event or at any event which is advertised or promoted to people other than the residents/staff or visitors of the facility provider;
ii. Permit any advertising or promotion to be conducted with the public performance of the film outside of the local facility environment (i.e radio, television, cinema); or
iii. To publicly perform the film(s), or permit others to publicly perform the film(s) using the licensee’s facilities as part of programs conducted by a third party.
iv. Duplicate, edit or otherwise modify the movies licensed for public performance purposes under this agreement.
C. Materials: The parties acknowledge that each facility provider will purchase or rent DVDs of the film(s) from retail or rental outlets or rent and/ or stream a copy of the film(s) in digital format from an authorised seller. This includes legally obtaining them from an online source. Each facility provider is welcome to use existing copies of the film(s) already in their possession.
D. Music Performance Rights: Heritage Films represents that the public performance rights to each musical composition and sound recording embodied in the film(s) are either:
i. Available for licence through the Australian Performing Rights Association (“APRA”) and the Phonographic Performance Company of Australia (“PPCA”), or
ii. In the public domain in the Territory; or
iii. Controlled by Heritage Films to the extent necessary to permit the facility provider to exercise the rights licensed in this agreement without additional payment for such rights.
E. The licensee acknowledges that it must secure at its/their sole cost and expense, all licences necessary from APRA and/or the PPCA and their NZ counterparts to enable it to publicly perform the film(s).
F. Heritage Films by notice in writing to the licensee may withdraw any film(s) from this Agreement because of any dispute, claim or liability relating to the Heritage Films’ ability to supply such film(s) under this agreement. Upon such notice the licensee will promptly take all necessary action to ensure that this notice is complied with.
G. The agreement commences on the date it is executed by the parties and continues until the parties agree in writing to terminate it or until either party gives the other at least 3 months notice of their intention to terminate the agreement.
This agreement is governed by the law of Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Australia.