http://www.tropfest.com/au/tmm.aspxTelstra Mobile MasterpiecesThis is the second year of Telstra Mobile Masterpieces, the mobile film category for Movie Extra Tropfest.
Opening up Tropfest submissions to be via mobile allows for accessibility into filmmaking and is a natural extension of short film story telling.
So if you have a mobile phone with video capabilities and a great idea for a short film, submit your entry into Telstra Mobile Masterpieces and you could win yourself a VIP trip to the 2012 Sundance Film Festival plus $5,000 cash! Plus still be in the running to win the overall Movie Extra Tropfest 2011 competition.
The winner along with the two runners up will also have their films premiered at Movie Extra Tropfest 2011 on Sunday 20 February 2011 and presented with their awards. See below for a full list of prizes.
Films entered in Telstra Mobile Masterpieces must follow the same rules as all films entered into Movie Extra Tropfest 2011:
Your film must be made specifically for Movie Extra Tropfest 2011
Movie Extra Tropfest 2011 must be your film's first public screening
Your film must be no longer than 7 minutes (including titles and end credits)
Your film must contain the Tropfest Signature Item (TSI) - KEY
Watch John Polson talk about the Telstra Mobile Masterpieces category here.
Also, read Jenny Young's (Telstra's Executive Director) blog here, featuring informed commentary and an exchange of views on Telstra and their broader partnerships.
Check out last year's Telstra Mobile Masterpieces winning film Missing You by Gerry Tacovsky for inspiration...
WINNER
$5,000 cash (AUD)
VIP trip to the 2012 Sundance Film Festival in Park City, Utah, including return Ecomony Flights to Park City from your nearest capital city, 5 x nights accommodation, transfers and ticket package which includes access to all official venues and off screen programming - panels and music performances, awards night ceremony ticket, Short Filmmaker Awards Ceremony and Party ticket along with an invitation to other official events throughout the festival (details to be advised). You'll also get $500 (USD) spending money.
TWO RUNNERS UP
$500 cash (AUD)
New Telstra Next G mobile
* Telstra are an Institute Associate of the 2011 Sundance Film Festival.
2011 ENTRY GUIDELINES
Welcome to Movie Extra Tropfest 2011! The world’s largest short film festival is in full
preparation mode for its 19th festival! We once again ask filmmakers of all
backgrounds and levels of experience to get out there and start shooting short films
for the festival. Films can be about anything but must include the annual Tropfest
Signature Item (TSI), which for 2011 is ‘KEY’.
Movie Extra Tropfest was established to encourage production, not just exhibition.
Our event is not just about ‘showing’ films – it’s about ‘making’ them. We aim to
provide you with the opportunity to showcase your work to as wide an audience as
possible, not only with the fantastic premiere your film will receive if selected for
Movie Extra Tropfest 2011, but also by utilising a variety of distribution outlets
following the festival.
We expect that over 150,000 people will come together on Sunday 20 February 2011
to view the Official Finalist Films and 3 Telstra Mobile Film Category Finalists,
selected from more than 700 entries at venues across Australia, including Sydney,
Melbourne, Brisbane, Perth, Canberra, Hobart, Surfers Paradise and Adelaide.
TELSTRA MOBILE FILM CATEGORY
2011 is the second year of our mobile phone competition: Telstra Mobile Masterpieces.
Recognising the change in technologies and the opportunities presented to filmmakers,
the mobile category is seen as a natural extension of short film story telling.
Filmmakers are invited to make their films on mobile phone cameras and can gain
inspiration from the 2010 winning film, Missing You directed by Gerry Tacovsky (visit
youtube.com/tropfest to watch the film online).
Films made on mobile will be entered into the main film festival competition along with all
other films but will also be eligible, under the Mobile Film Category, to win prizes
presented by Telstra.
The same rules of entry apply to all films entered into Tropfest. Films must include the
TSI (KEY), can be no longer than seven minutes, must have never been seen by a public
audience and must be specifically made for Tropfest. However to compete in the Mobile
category your film must have been filmed on a mobile phone camera and you need to
specifically enter the Mobile Film Category online and observe the terms and conditions
of entry.
Please read these guidelines carefully. Should you require further information please
visit tropfest.com/au or email
mail@tropfest.com.au – we are here to help!
Good Luck!
THE MOVIE EXTRA TROPFEST TEAM
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ALL FILMMAKERS MUST ADHERE TO THE FOLLOWING GUIDELINES:
• Your film must be made specifically for Movie Extra Tropfest 2011
• Movie Extra Tropfest 2011 must be your film’s first public screening
• Your film must be no longer than 7 minutes (including titles and credits)
• Your film must contain the 2011 Tropfest Signature Item (TSI) “KEY”
SUBMITTING YOUR ENTRY:
ALL MOVIE EXTRA TROPFEST ENTRIES MUST BE SUBMITTED ONLINE
IN TWO STAGES:
1. Complete the online form and pay the entry fee at WITHOUTABOX.COM
2. Upload your film at YOUTUBE.COM/TROPFEST
If you do not already have a membership to WAB, you will need to register
as a user. This is free of charge.
Please note that ALL entries for Movie Extra Tropfest 2011 must be
delivered online. We no longer accept entries on DVD or any other
format.
Submitting your entry is easy! Just follow these simple steps:
STAGE 1 – WITHOUTABOX: REGISTER YOUR DETAILS AND PAY
1. Click on the following link withoutabox.com/login/6358. If you are
submitting a film into the Mobile Film Category, please select Telstra
Mobile Masterpieces – Movie Extra Tropfest 2011 from the drop down
mention at the top of the page, otherwise click on Movie Extra Tropfest
2011 to enter your short film into the main competition. If you select
Telstra Mobile Masterpieces – Movie Extra Tropfest 2011 to enter your
film, it will also be automatically entered into the main film festival
competition.
2. If you are already a member, enter your username and password in the
“Withoutabox Express” section to begin submitting your entry. If you are
not already a member, simply enter in all your details in the “First Time
Users” section.
3. You will then be prompted to enter in details of your Movie Extra Tropfest
2011 entry. Simply click through each form page and fill out all the
required information. Real easy – you’re nearly there!
4. You will need to agree to Terms and Conditions of Entry during this
online entry process.
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5. You will also need to pay the $45AUD (including GST) entry fee (credit
card only). Note: We only accept payment through WAB, you will not
receive a Tracking Number unless you have completed this step.
6. After you have filled out the last page, a confirmation page will appear
which will inform you of your Tracking Number (eg 11-0001).
PLEASE KEEP A RECORD OF YOUR TRACKING NUMBER. You
must enter this Tracking Number when you upload your film to
YouTube so that we can match your Tracking Number with your film.
Also, if you have any questions regarding your entry after you have
received confirmation, you will need to quote this number to us in order for
us to look up your film in the database.
STAGE 2 – YOUTUBE: SUBMIT YOUR FILM ONLINE TO US
1. Click on the following link youtube.com/tropfest
2. To upload your film, click the “Submit” button and enter your personal
details including name (First, Surname), email, contact phone number
(including country/area codes), WithoutABox tracking number (see Step
6 of Stage 1) and name of your film.
3. Tick the checkbox to confirm your acceptance of Tropfest’s Terms &
Conditions.
4. Finally, click “Browse” and attach your film to complete the upload
process.
5. On completion of Step 2, you will receive confirmation that your film has
been successfully uploaded.
It’s very straightforward! If you have any questions or are having trouble submitting
your film online please email
mail@tropfest.com.au – we are here to help!
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ENTRY MATERIALS & CHECKLIST
Complete our Withoutabox Online Entry Form
Please ensure you have completed our Withoutabox online entry form BEFORE
uploading your film to YouTube. Information on how to submit your entry online is
listed above. Remember, entry into the festival is not complete until you have
received a Tracking Number at the end of the online entry form eg 11-0001. As
mentioned earlier, you will need this tracking number when uploading your film to us.
You cannot upload your entry unless you have this number.
AUD$45.00 (inc GST) Non-Refundable Entry Fee
Payment must be made during your WAB application – credit card only
Upload your film to us via our YouTube Channel
Upload your film to us via YouTube (at 16:9 widescreen ratio) (including for the
Mobile Film Category). Please upload your film to us in its highest quality possible.
YouTube can accept up to 1GB files (see recommended specs below). Remember,
you want the judges to view your film at its best, so make sure you upload a file you
are happy with.
YouTube suggests the following specifications in order to trigger the
High Definition (HD) function on their player:
• Video Format: H.264, MPEG-2 or MPEG-4 preferred
• Aspect Ratio: Native aspect ratio without letterboxing (example: 16:9)
• Resolution: 640x360 (16:9)
• Audio Format: MP3 or AAC preferred
• Frames per second: 30
• Maximum file size: 1 GB
Films must be uploaded to us via YouTube by THURSDAY 6 JANUARY
2011 AT 6PM. After this time, our YouTube channel will be closed and
you won’t be able to submit your film.
For filmmakers entering the Telstra Mobile Masterpieces category:
Films entered into this category must be filmed on one of the following mobile
devices:
• Mobile phones with video capabilities
• Tablets and Telstra Touch Tab devices
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The following formats are required as a minimum.
• Resolution 640 x 480 pixels
• File size restricted to 100MB
• Film vision must be captured/acquired via your phone camera, but may be edited
on any system eg Final Cut Pro or iMovie.
• Audio may be post produced
• Acceptable delivery formats are: MOV, MP4, AVI, WMV
Films for this category must also be submitted to us via YouTube.
Remember, half the ‘uniqueness’ of this category will be how cleverly the Filmmaker
has integrated the phone medium to tell their story, so a loss in picture quality is to
be expected.
ENTRY DISQUALIFICATION:
Your entry will NOT be accepted if:
• Any of the above items are not included (including entry fee).
• Your film is over the 7 minute time limit (including titles and credits).
• Your entry arrives any time after 6pm on the final day for submissions,
being Thursday 6 January 2011.
• You have not completed or only partially completed our WAB online entry
form (including paying your $45 Entry Fee).
• You have not submitted your film to us via YouTube
• You have not agreed to the Terms and Conditions.
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SHORT LISTED FILMMAKERS: ADDITIONAL MATERIALS
If your film is short–listed for the festival, or selected for broadcast on Movie Extra,
you will be required to supply the following:
Digi Beta (PAL, 25fps)
A Digi Beta (PAL) tape of your film by Thursday 20 January 2011 or as
notified to you. Digi Betas of films will not be returned and will be used for
distribution purposes following the festival. Video material should be recorded
on an aspect ratio of 16:9 with the picture occupying full frame height and with
a centre protected area to allow for simple aspect ratio conversion to a
standard aspect ratio of 4:3. Note, if you are short listed for the Telstra Mobile
Masterpieces competition, you must submit a digital betacam at 25 frames per
second (fps). Most mobile devices shoot at a higher frame rate so please
keep this in mind when shooting or getting your film professionally dubbed.
Two Electronic Colour Production Stills
These should be two different images of direct action from the film rather than
behind-the-scenes photos. These must be horizontal files (jpg 300dpi).
A Completed Music Cue Sheet
We will email you the form when you are short listed or selected for broadcast
on Movie Extra which you must complete for all music used in your film. This
should detail each piece of music used in your film (title of composition,
copyright owner, duration used). If you need help with this form we can assist
you; the information you will need to have on hand is a clear knowledge of
who owns the copyright in each piece of music used, proof you have the
permission to use each piece of music, and the duration of each piece of
music used.
Script
A full dialogue script of your film. If your film does not have dialogue, we do
not require a script.
Signed Release Forms
Signed Release Forms for all works in which copyright exists. This includes
literary (e.g. if your film is based on a novel, your script etc), dramatic (e.g.
performers etc), artistic (e.g. paintings etc) or musical works, or films, sound
recordings, broadcasts and published editions. For a typical short film, all
contributors must sign a Release Form. You can download a Release Form
template from our website tropfest.com/au.
Written Permission for All Music in Your Film
If you choose to use published (i.e. existing music, for example by a famous
band), you will need permission in the form of a licence agreement to do so.
Tropfest strongly recommends you use original or “copyright free” music in
your film to avoid paying licence fees which can be quite pricey for popular
pieces of music. To obtain the necessary clearances to use existing music,
you will need to contact the copyright owner/s of your chosen track and
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request a licence agreement to use their music and/or sound reading in “all
media” and in “all territories”. If you are having trouble with this process,
please contact AMCOS (amcos.com.au) on 1300 852 388 and they can assist
you in tracking down copyright owners and requesting licence agreements.
FINALIST FILMMAKERS:
The Movie Extra Tropfest Official Finalists will be notified in early February. No
additional materials will be required at that point, however filmmakers will be
asked to participate in a photo call and possible media interviews as well as
promotion in the lead-up to the festival.
For the Telstra Mobile Masterpieces category:
Three finalists from the Telstra Mobile Masterpieces category will also be selected
for screening on the festival night. The screening will take place before the 16
finalist films.
As noted above, all films entered into the Telstra Mobile Masterpieces Category
are also eligible to be selected as one of the Official Finalists in the main film
festival competition. If your film is also selected as one of the Official Finalist
Films, it will screen twice during the night, once during the Telstra Mobile
Masterpieces Category and as part of the screening of the Official Finalist Films.
The three Telstra Mobile Film Category Finalists will need to comply with the same
terms and conditions as the Official Finalist Films.
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TERMS AND CONDITIONS – “PLAIN ENGLISH GUIDE”
Most of the application process is pretty self-explanatory – at the end of the day all you need to do is:
• complete our Withoutabox online entry form (located at withoutabox.com); and
• upload your film to YouTube (youtube.com/tropfest) before 6:00pm on Thursday 6 January 2011
Please ensure you leave yourself enough time to complete the online form at Withoutabox, pay the entry fee and
upload your film through YouTube. It’s better to be on the safe side than run the risk of missing the deadline.
ANY ENTRY RECEIVED AFTER 6PM ON THURSDAY 6 JANUARY 2011 WILL BE DISQUALIFIED.
BUT… before you complete our entry process, it is important you understand the terms and conditions of entry.
It is also important that you realise Tropfest is all about showcasing your work to as wide an audience as
possible, both within Australia and overseas, above and beyond the Festival night. In order for us to do this,
there are some legal requirements that need to be understood. Tropfest is more than happy to explain its
activities in further detail, so if at any time there is something you don’t understand, just call or email us for
further information. Now, to make things easier for you we have set out a bit of a breakdown of the terms and
conditions of entry, with a focus on all the major points, particularly those that impact on rights in your film that
Tropfest requires you to obtain from contributors in your film and rights you grant to Tropfest when entering the
Festival.
As part of Tropfest’s commitment to showcasing the work of new filmmakers, for the second time in the
Festival’s history, following the 2011 Festival, each of the Official Finalists’ Films exhibited at the Festival
(Finalists) will also be broadcast by the Movie Extra Channels Pty Ltd (Movie Extra) on one or more of its
channels which currently include “Movie One” and “Movie Two”, “Movie Extra” and “Movie Greats” (Broadcast).
In addition, Films which are not Official Finalists at the Festival may also be chosen by the Movie Extra to be
broadcast on its channels.
Your film has to meet ALL of the criteria set out in the terms and conditions. The terms and conditions comprise
of the document headed ‘Terms and Conditions of Entry’, but also include any information contained on the
Withoutabox entry form, and in the Entry Guidelines (including the FAQ) (Terms and Conditions). When you
complete and submit the entry form you are ‘signing’ a legal contract that tells us your film complies with all of
the Terms and Conditions see Point 4(b) of the Terms and Conditions. This is why you MUST understand them.
The Terms and Conditions may seem a little confusing, but by spending a little time getting to know them, you
will save yourself grief later! And remember, don’t just read this guide, read the Terms and Conditions too, this is
only a guide.
Now to the specific points in the Terms and Conditions:
1. It is imperative that you, the Producer, must have made your film specifically for Movie Extra Tropfest 2011 and
it MUST NOT HAVE BEEN MADE AVAILABLE TO OR BEEN VIEWED BY ANY MEMBERS OF THE PUBLIC
(this includes online viewing), before the Festival night, Sunday 20 February 2011, or after the Festival night and
before 31 March 2011. You also must not have given or give permission for anyone else to use your film in any
way before the Festival, and until Tropfest notifies you in writing that it has not chosen your film for the Festival or
for Broadcast (see points 4 (a), (c) and (d) of the Terms and Conditions).
2. Points 4 (e) – (j) of the Terms and Conditions requires you to obtain written permission from each of the contributors
who worked on your film or who contributed to works included in your film even if existing before your film (e.g. music)
to do what you like with their contribution or performance.
The reason you need this permission is so you (and Tropfest) can edit or change their contribution or
performance as you see fit AND that you (and Tropfest) can sell or show your film anywhere without restriction
and use each contributor’s name or picture for publicity connected with your film. This is very important because
Tropfest is a very high profile film festival and we can’t afford to run into hassles with your film at the last
moment: e.g. if your film is selected as a finalist, we need to know that all of the contributions which make up
your film can be included in our Festival program. We have release forms available you can download them from
our website. You can adapt these forms for use by ALL contributors in your film. You should always try and have
cast and crew (and other contributors) sign release forms prior to the start of production – it is easier since most
contributors will be in the one place and you don’t have delays tracking them down later on.
3. We also have a few requests to make of you, to ensure the continued success and growth of Tropfest as well
as the continued success of our filmmakers following the Festival. It is important to us that your film is seen as
widely as possible following the Festival. As you may have read on our website, Tropfest acts as a sales agent
to represent your film in Australia and in the overseas markets if it is a Finalist or selected for Broadcast. This
will give Tropfest an opportunity to enter into arrangements to give your film maximum exposure and will
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hopefully create some financial return for you. Tropfest splits any cash received with filmmakers just like a
commercial distributor, and if your film is a Finalist or selected for Broadcast, we will give you notification of
these financial arrangements in writing.
4. Point 5 of the Terms and Conditions gives Tropfest exclusive rights to your film (i.e. an “Exclusive Licence”)
regardless of whether your film is Short-Listed, a Finalist or selected for Broadcast.
You’re probably asking what an exclusive licence to Tropfest means for your film. That is a really good question and it
basically means that neither you nor any other distributor, acting on your behalf, will be able to either use or sell your
film and that Tropfest solely represents your film in Australia and around the world. This allows Tropfest Pty Ltd
to, for example, grant rights in (license) your film to other film festivals in a package of finalists, in a compilation
of films to screen at another film festival, or individually for exhibition on the Internet, cable, satellite, television
etc without anyone else also granting the same rights in your film (Exclusive Licence). These are examples only.
This Exclusive Licence will change to a non-exclusive licence or terminate as set out below.
You’re probably asking what a non-exclusive licence to Tropfest means for your film. It basically means that Tropfest
can use and grant rights in your film as above however, you or any distributor may also do the same (Non-
Exclusive Licence).
If the Film is not Short-Listed, not a Finalist and not selected for Broadcast:
The Exclusive Licence will terminate on 30 March 2011 and all rights will revert to you. Tropfest will no longer
have any rights (including copyright) in your film, and it is yours to do with what you will!
If the Film is Short-Listed but not a Finalist and is not selected for Broadcast:
The Exclusive Licence will terminate on 30 March 2011 and change to a Non-Exclusive Licence until 20
February 2015.
If the Film is a Finalist or a Telstra Mobile Masterpieces Category finalist:
The Exclusive Licence will terminate on 20 August 2012 and change to a Non-Exclusive Licence until 30 June
2016.
If the Film is not a Finalist but is selected for Broadcast (whether or not it is Short-Listed):
(a) unless (b) or (c) below applies, the Exclusive Licence will terminate on 20 August 2012 and change to a
Non-Exclusive Licence until 30 June 2016.
(b) If the Film is Short-Listed but is not Broadcast by 30 March 2012, the Exclusive Licence will terminate on 30
March 2012 and change to a Non-Exclusive Licence until 20 February 2015 .
(c) If the Film is not Short-Listed and is not Broadcast by 30 March 2012, the Exclusive Licence will terminate
on 30 March 2012 and all rights will revert to you.
5. Point 10(a) of the Terms and Conditions (about the possibility of editing or altering your film) may cause alarm
– please don’t panic! This clause is there because there are practical considerations that have to be made when
broadcasting a short film on, for example, commercial television or downloading a short film to a mobile
telephone. Tropfest is mindful of the way your film is represented and we do our best to ensure the integrity and
continuity of your film is preserved. However, exploitation of your film in various media may mean your film could
be ‘edited’ or ‘altered’, for example, by removing the film’s credits and running them at the end of a television
broadcast instead of at the end of your film. This is one practical compromise that may have to be made to get
your film out there! We’re sure you understand.
That’s basically it – see, it’s not all that bad! Please remember we are always available to go through all the
above info with you and answer questions you may have.
FOR UPDATES ON TROPFEST ACTIVITIES, REGISTER YOUR DETAILS ON OUR
WEBSITE TROPFEST.COM/AU
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TERMS AND CONDITIONS OF ENTRY
1. Entry
To enter your film (Film) into the Movie Extra Tropfest 2011 festival (Festival) which is run by Tropfest Pty Limited (ABN 89 078 140 039) (Tropfest),
you (Producer) must:
• correctly complete the entry form located at withoutabox.com(Entry Form); and
• upload the Film via Tropfest’s YouTube channel located at youtube.com/tropfest by Thursday 6 January 2011 (Tropfest accepts no
responsibility for any Entry Form or Film that is late or damaged).
By completing the Entry Form and delivering the Film online, the Producer has applied to enter the Film in the Festival, related competitions and
activities and accepts that the conditions contained in the Entry Form, and in the ‘Entry Guidelines’ which includes the FAQ and these terms and
conditions (together, the Terms and Conditions) create a legally-binding agreement between Tropfest and the Producer.
2. Judging of the films
Tropfest may, in its absolute discretion and without giving reasons:
(i) short-list the Film for the last judging round for selection of the finalists for the Festival (Short-Listed); and/or
(ii) select the Film from the Short-Listed films as a finalist for viewing and judging at the Festival (Finalist) on the night of Sunday 20 February
2011 or such other date as Tropfest may nominate (Festival Night); and/or
(iii) even if the Film is not Short-Listed or a Finalist (as the case may be), select the Film for broadcast, transmission, retransmission,
communication, distribution, or display (Broadcast) on any channel owned, sublicensed, controlled, managed or developed by The Movie
Network Channels Pty Ltd (ABN 72 089 135 740) (Movie Extra).
Any prizes awarded are not transferable, exchangeable or redeemable for cash.
Judging of Mobile Films
Tropfest may, in its absolute discretion and without giving reasons:
(i) short-list a mobile Film for the last judging round for selection of the finalists for the Festival and/or for the Telstra Mobile Masterpieces
Category (Short-Listed); and/or
(ii) select the mobile Film from the Short-Listed films as a finalist for viewing and judging at the Festival and/or the Telstra Mobile Masterpieces
Category (Finalist), on the night of Sunday 20 February 2011 or such other date as Tropfest may nominate (Festival Night); and/or
(iii) even if the mobile Film is not Short-Listed or a Finalist (as the case may be), select the Film for broadcast, transmission, retransmission,
communication, distribution, or display (Broadcast) on any channel owned, sublicensed, controlled, managed or developed by The Movie
Network Channels Pty Ltd (ABN 72 089 135 740) (Movie Extra).
3. Important Dates
Each film must comply with the following dates to be eligible for entry in the Festival:
6 January 2011 The Film must be received by Tropfest by 6pm on 6 January 2011.
14 January 2011 If the Film is Short-Listed, Tropfest will advise the Producer on or before 14 January 2011.
20 January 2011 If the Film is Short-Listed, Tropfest requires the Producer to provide the ‘Additional Materials’, as set out on page 5
of the Entry Guidelines, on or before 20 January 2011.
5 February 2011 If the Film is not Short-Listed, Tropfest will notify the Producer of the Film’s non-selection on or before 5 February
2011.
5 February 2011 If the Film is Short-Listed Tropfest will notify the Producer whether or not the Film has been selected as a Finalist
on or before 5 February 2011.
20 February 2011 Festival Night.
20 February – 18 March 2011 Any film entered into the Festival may be selected by the Movie Extra for Broadcast.
18 March 2011 If the Film is selected for Broadcast, Tropfest will advise the Producer on or before 18 March 2011.
22 March2011 If the Film is selected for Broadcast, Tropfest requires the Producer to provide the ‘Additional Materials’, as set out
on page 5 of the Entry Guidelines on or before 22 March 2011.
30 March 2011 If the Film is not selected for Broadcast, Tropfest will advise the Producer on or before 30 March 2011.
1 April 2010 Tropfest may dispose of any ‘Additional Materials’ at its discretion.
4. Guarantees of the Producer
The Producer guarantees to Tropfest that:
a) the Film was made by the Producer specifically for the Festival;
b) the Film complies with the Terms and Conditions;
c) the Film has not been, and will not be, available to be viewed by the public by any means, including by way of the internet, until the Exclusive
Licence granted by the Producer to Tropfest under clause 5 terminates in accordance with clause 6, 7, 8 or 9;
d) the rights (including the intellectual property rights) in the Film have not been, and will not be, assigned, licensed or otherwise granted, in
whole or in part, to any person other than Tropfest, until the Exclusive Licence granted by the Producer to Tropfest under clause 5 terminates
in accordance with clause 6, 7, 8 or 9;
e) the Producer is entitled to reproduce and exploit all of the underlying works in the Film by including these in the Film*;
f) without limiting clause 4(e), the Producer is the owner, or has permission from the owner, of the copyright in the sound recordings comprising
the soundtrack to the Film and the music and lyrics reproduced in those sound recordings*;
g) all of the performers in the Film have consented in writing to the use of their performances in the Film*;
h) the Producer has obtained from each contributor to the Film, including to the underlying works in the Film (Contributor), a written consent to do
or omit to do anything which may infringe any and all moral rights granted to the Contributor including to edit, alter and/or reproduce the work
of the Contributor, in any manner or context, by the Producer, and any person authorised by the Producer to do so (including Tropfest, its
assignees and licensees), and such consents have been obtained to the full extent permitted under the Copyright Act 1968 (Cth) (Moral Rights
Consents)*;
i) the Producer has obtained from each Contributor:
• authorisation for Tropfest to use the Contributor’s name and likeness in connection with any publicity for the Festival and related
competitions; and
• an undertaking that the Contributor will perform publicity appearances for the Festival and related competitions if reasonably requested by
the Producer or Tropfest*;
j) the Producer is entitled to grant to Tropfest permission to make use of each and every right referred to in clauses 5, 6, 7, 8 and 9 (as
applicable) and the use or exploitation of the Film as contemplated by the Terms and Conditions will not violate the rights (including copyright)
of any third party;
k) the Producer will pay all fees and other charges related to entry of the Film in the Festival;
l) all details submitted in the Entry Form by the Producer are true and correct, and the Producer indemnifies Tropfest from and against any and
all claims and demands made against Tropfest, its assignees or licensees, in relation to the guarantees provided by the Producer in this clause
4;
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m) all residuals or other payments to Contributors in connection with the Film have been paid, together with the cost of all licences of all copyright
and any film footage, musical works, lyrics, sound recordings or other material in which copyright subsists, owned by any third parties and
which are used or adapted in the Film, other than fees that may be payable to local performing rights associations for use of the Film after the
Festival Night; and
n) no part of the Film is, or will be, actionable for defamation or invasion of privacy or breach of confidence of any person.
*Copies of a release form for the purposes of complying with clause 4 (e), (f), (g), (h) and (i) above can be obtained from our website,
tropfest.com/au.
5. General Licence
In these Terms and Conditions:
Exclusive Licence means an exclusive licence to Tropfest to do any and all of the acts now or subsequently comprising the copyright in the Film, or
any part of the Film, including any production stills, throughout the world, in any and all media now existing or subsequently devised, in all
languages, in perpetuity.
Non Exclusive Licence means a non-exclusive licence to Tropfest to do any and all of the acts now or subsequently comprising the copyright in the
Film, or any part of the Film, including any production stills, throughout the world, in any and all media now existing or subsequently devised, in all
languages, in perpetuity.
In consideration of Tropfest reviewing the Film for the purpose of the Film being Short-Listed and/or a Finalist and/or selected for Broadcast, the
Producer grants to Tropfest an Exclusive Licence from the date the Film is entered into the Festival.
6. If the Film is not Short-Listed, not a Finalist and is not selected for Broadcast
If the Film is not Short-Listed, is not a Finalist and is not selected for Broadcast, the Exclusive Licence will automatically terminate on 30 March
2011 and all rights granted by the Producer to Tropfest under clause 5 will automatically revert to the Producer, and neither Tropfest, nor its
assignees or licensees, will have any rights, including copyright, in the Film.
7. If the Film is Short-Listed but is not a Finalist and is not selected for Broadcast
If the Film is Short-Listed but is not a Finalist and is not selected for Broadcast, the Exclusive Licence granted by the Producer to Tropfest under
clause 5 will automatically terminate on 30 March 2011 and the Producer will automatically grant to Tropfest a new Non-Exclusive Licence (and the
Producer acknowledges that the terms and conditions are effective to grant such licence). After 20 February 2015, the Producer may write to
Tropfest to request the termination of the Non-Exclusive Licence granted to Tropfest under this clause 7.
8. Finalist films
If the Film is a Finalist, the Exclusive Licence granted by the Producer to Tropfest under clause 5 will automatically terminate on 20 August 2012,
and the Producer automatically grants to Tropfest a new Non-Exclusive Licence (and the Producer acknowledges that these terms and conditions
are effective to grant such licence). After 30 June 2016, the Producer may write to Tropfest to request the termination of the Non-Exclusive Licence
granted to Tropfest under this clause 8. The Producer acknowledges that all Finalist Films will be Broadcast.
9. Films selected for Broadcast (whether or not it is Short-Listed)
If the Film is not a Finalist but is selected for Broadcast (whether or not it is Short-Listed):
a) Subject to clauses 9(b) and (c), the Exclusive Licence granted by the Producer to Tropfest under clause 5 will automatically terminate on 20
August 2012, and the Producer automatically grants to Tropfest a new Non-Exclusive Licence (and the Producer acknowledges that these
terms and conditions are effective to grant such licence). After 30 June 2016, the Producer may write to Tropfest to request the termination of
the Non-Exclusive Licence granted to Tropfest under this clause 9.
b) If the Film is Short-Listed but is not Broadcast by 30 March 2012, the Exclusive Licence granted by the Producer to Tropfest under clause 5 will
automatically terminate on 30 March 2012 and the Producer will automatically grant to Tropfest a new Non-Exclusive Licence (and the
Producer acknowledges that these terms and conditions are effective to grant such licence). After [20 February 2015], the Producer may write
to Tropfest to request the termination of the Non-Exclusive Licence granted to Tropfest under this clause 9.
c) If the Film is not Short-Listed and is not Broadcast by 30 March 2012, the Exclusive Licence granted by the Producer to Tropfest under clause
5 will automatically terminate on 30 March 2012 and all rights granted by the Producer to Tropfest under clause 5 will automatically revert to
the Producer, and neither Tropfest, nor its assignees or licensees, will have any rights, including copyright, in the Film.
10. Moral Rights
The Producer:
a) acknowledges that Tropfest, its assignees and licensees, may do or omit to do anything which may infringe any and all moral rights granted to
the Contributors or the Producer including to edit, alter and/or reproduce the work of the Contributors, the Producer and the Film and the
Producer consents to these actions by Tropfest, and its assignees and licensees, in any manner or context, in perpetuity throughout the world,
and such consent is given to the full extent permitted under the Copyright Act 1968 (Cth); and
b) without limiting clause 10(a), authorises Tropfest and its assignees and licensees to do any and all acts comprised in the Moral Rights
Consents.
11. Use of name and likeness
The Producer authorises Tropfest to use the Producer’s name and likeness in connection with any publicity for the Festival and related competitions
and activities, and the Producer agrees to undertake publicity appearances for the Festival and related competitions and activities as reasonably
requested by Tropfest.
12. General
The agreement created by the Terms and Conditions is made in New South Wales and is governed by the non-exclusive jurisdiction of the courts of
New South Wales. The Producer will do such acts and sign, or cause to be signed, such instruments as Tropfest may reasonably request for the
purposes of this agreement. Tropfest may assign or license its interest under this agreement. The Producer must not assign or license its interest
under this agreement. A reference to a person includes a body corporate. The singular includes the plural and vice versa. Includes and including
are not words of limitation. The words and expressions used in this agreement have the meanings given to them in the Copyright Act 1968 (Cth). A
reference to a “film” is a reference to a “cinematograph film”. In the case of any inconsistency between the terms and conditions set out above and
any other language contained in the Terms and Conditions (as defined in clause 1), the terms and conditions set out above prevail.
Australian Competitions Club
