THE UNIVERSITY OF MELBOURNE

FACULTY OF LAW

FILM AND TELEVISION LAW:

PRODUCTION, FINANCING AND DISTRIBUTION
730-696

TAKE HOME-EXAMINATION
Semester 1, 2006

To be collected: Friday 30th June from 12:00 noon

To be submitted: Monday 3rd July by email before 4:00 pm or in person before
6:00 pm

INSTRUCTIONS FOR CANDIDATES

• This examination represents 90% of your total assessment for this subject.

• Candidates must complete FOUR of the six questions.

• The word limit for this exam is 8000 words, or 2000 words for each question.

• The exam is out of ninety marks, with each question being worth 22.5 marks.

• All papers must be submitted with a cover sheet. Hardcopies are available from
the Graduate Administration Office. An electronic copy is available from:
http://www.law.unimelb.edu.au/grads/coversheet-email.doc

• Hardcopy submissions must be in duplicate

STUDENTS MUST NOT CONSULT EACH OTHER OR ANY OTHER

PERSON IN RELATION TO THIS EXAM.

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1. Mr Sel U. Lloyd is the proprietor of an independent production company. Mr

Lloyd engages you as his legal adviser to advise him on the clearance issues
associated with his latest project, a documentary on Sixties Rock Stars and
what has happened to them since their heyday. The documentary is to be
titled ‘That was then; this is now’.

Mr Lloyd wants the documentary to include footage of the performances of

the stars singing and playing music. Some of the footage was shot in the
sixties and some in the last few years, with the most recent being footage
which is scheduled to be shot at a Sunbury revival festival in early 2007.

The documentary will also include extracts from letters written to and by the
stars, concert tickets and excerpts of television interviews which were given
by the stars both in the early to mid sixties and more recently.

What advice would you give Mr Lloyd?

(22.5 marks)

2. Mac Gudgeon, the President of the Australian Writers’ Guild is quoted in

Matthew Rimmer’s article ‘Shine: Copyright Law and Film’ as saying in
relation to the Copyright Amendment (Moral Rights) Act 2000 (Cth):

The legislation reflects the collaborative nature of film-

making. Australia has a vibrant television and film industry
which relies heavily on the creative talents of its writers,
producers, and directors. These talents should be nurtured,
recognised and celebrated - moral rights provide a framework
in which this can be achieved. It provides a reasonable and
workable solution that creates a certainty for all parties.

Do you agree? Provide reasons for your view.

(22.5 marks)
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3. Trudie-Ann Atherton, in her article ‘Negotiating with Stars – The Sky’s the
Limit’, observes:

The truth is that varying the standard form contract is not just
a battle of wits between the stars, their managers and the
producers, but rather a battle of giants exercising their
respective considerable collective bargaining might and,
apart from the few simple ground rules …. in negotiating
terms with stars, the sky’s the limit.

What are the issues which require negotiation in a contract between on screen
talent and a producer in the context of an Australian film? What are the issues
which will determine whether ‘the sky’s the limit’?

(22.5 marks)

4. Mr Sel Hall is the director of a large advertising agency who has developed a
national television advertising campaign for a major chocolate manufacturer
who wants to launch a new chocolate bar called ‘Siggles’. ‘Siggles’ is the
name of an energy bar eaten by characters on the television cartoon show ‘The
Power Kids’.

The proposed advertisement will involve four ‘Wiggles’ look-alikes who hold
‘Siggles’ bars and sing a jingle which is a parody of a song sung by the
Wiggles with the words ‘Not Wiggles: Siggles’. The wrapper for the
chocolate bar comes in the four colours of the Wiggles which are also the
colours worn by the four Power Kids.

What would you advise Mr Hall?

(22.5 marks)

5. Therese Catanzariti, in her article ‘The Plot Thickens: Formats, Sequels and
Spin-offs after Goggomobile’, notes:

The film and television industry trades in intangible rights,

working in illusion and make-believe. Format rights and the
right to produce sequels, prequels, spin-offs and remakes are
notorious smoke and mirrors. Demands are made, deals
negotiated, letters exchanged, contracts executed, money
paid. The illusory evanescence is made real.

To what extent are format rights and the right to produce sequels, prequels,
spin-offs and remakes under Australian law ‘smoke and mirrors’? Why, if
those rights are illusory, are: ‘[d]emands … made, deals negotiated, letters
exchanged, contracts executed, money paid’?

(22.5 marks)
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6. Howard M Frumes, in his article ‘Surviving Titanic: Independent Production

in an Increasingly Centralized Film Industry’ observes:

Many supporters of independent production assume its value

without question. Others assume its demise without remorse.
Why is independent film production important?

Discuss Mr Frumes’ observations in relation to the federal government’s:

(a) financing of, and granting of, tax incentives in relation to, the
Australian film industry; and

(b) maintenance of Australian content requirements in relation to

Australian commercial broadcast television?

(22.5 marks)

END OF EXAM