CPC Industry Update

CPC Industry Update


Procurement of Production & Post Production Services

Members of the CPC have been involved in ongoing discussion with industry regarding the recent introduction of an RFI process for production companies. This has included consultation with advertisers to better understand their needs and objectives in using a roster to engage production and post production services. The CPC position maintains that the current open market process provides advertisers with access to the best available services for their specific brand needs, at openly competitive rates. We support open and fair competition, with a view to offering advertisers and agencies the expertise needed in an increasingly challenging marketplace. This position is also supported by AWARD.

A meeting was held December 2013 with Darren Woolley, Trinity P3, to understand the purpose of the roster system, how this is managed and to put forward alternative options to manage creative output and meet client needs. 

These concerns have also been raised in the media – coverage from AdNews:

Creative Agencies & TV Producers revolt over Trinity P3 power grab

McDonald’s, Suncorp, Parmalat, WW and SABMiller in production probe

An international perspective

From the UK, the APA's CEO Steve Davies shares thoughts on this process in Campaign magazine reminding advertisers and procurement there is no shortcut to quality - "...the effect of a roster is to reduce competition and reduce choice."

Next steps – guidelines for advertisers on the procurement of production and post production services in Australia are being drafted, to be endorsed by all CPC members.

APRA/AMCOS Music Licensing Fee

A new ‘Showreels Licence’ has been introduced by APRA AMCOS to cover music used in showreels. It has been tailored to suit the needs of performers, directors and those primarily in the business of creating audio visual productions for third parties, to highlight examples of their work.

The licence covers the online communication of commercial music, commissioned music, production music and buy out libraries controlled by APRA AMCOS.

What this means for production companies – there is an annual fee of $550 payable for the licence to cover all music featured on your company website. Services that use copyright music without first obtaining a licence from the relevant rights holder may be infringing that right’s holder’s copyright and risk being the subject of legal proceedings for copyright infringement.

To obtain a licence, contact APRA online@apra.com.au 

Alternative Dispute Resolution for Media, Entertainment and Communications Industry

CPC members will be represented by Emma Lawrence CPC Co-Chair, at an upcoming meeting with the Arts Law Centre of Australia and other industry representatives, to discuss the development of a standardised industry ADR service.  The main advantages to ADR are time and cost efficiencies, avoiding the burden of legal court proceedings in the event of a significant dispute. The proposal is to make a standard mediation and expert determination a mandatory inclusion in industry contracts. The CPC Standard Production Agreement T&C’s already include an ADR mandate.  Download: Agreement | Terms & Conditions  (LINKS to be added)

Next steps – the upcoming meeting will seek agreement on the criteria for mediators, classes of disputes and managing the process in terms of length, legal representation and industry support through peak bodies.

For more information or to provide input, contact lucia@communicationscouncil.org.au