Australian Writers Guild Authorship Collecting Society Ltd

On 25 May 2023, the Australian Writers Guild Authorship Collecting Society Limited (AWGACS) applied to the ACCC for authorisation to amend its constitution (with member approval) to allow members to assign their rights to receive Secondary Royalties to AWGACS as a condition of their membership with AWGACS being granted for prospective Writer Members, or continued for current Writer Members. The proposed conduct relates to all AWGACS members who write, or may write, either a script or screenplay for a film, television program or any other audio-visual production, which would thereby entitling them to receive Secondary Royalties.

Authorisation was sought for 10 years.

The ACCC decided, and the Applicants agreed, to extend the statutory timeframe for the ACCC to make a final decision until 25 May 2024.

On 16 November 2023, the Applicants sought to amend the Proposed Conduct to: “amend its constitution (with member approval) to allow members to assign their rights to Secondary Royalties to AWGACS as a condition of their membership with AWGACS being granted for prospective Writer Members, or continued for current Writer Members.”

On 13 December 2023, the ACCC issued a determination granting authorisation to AWGACS for ten years, to enable AWGACS to amend its constitution to require all current and future members, as a condition of their membership, to assign their rights to Secondary Royalties to AWGACS.

A copy of the final determination is below.