If your application for funding is successful, you will be required to enter into a written funding agreement with VicScreen. The funding agreement will set out all the terms upon which the VicScreen funds will be provided to you.
Below we have set out some information and answers to frequently asked questions, which might be helpful to you when contracting with VicScreen.
This information is intended as a general guide only. If you have any specific questions about the contracting for your project, you should feel free to contact us.
If you have a registered business name, you can enter into a contract using that name. However, a business name is not a separate legal entity (like an individual person or an incorporated company).
For that reason, the contract will be prepared between VicScreen and you, trading as your business name (for example, A Jones trading as A Jones Films).
If any of the details of your project change (for example, the key personnel, the production schedule, the amount of the budget, the finance structure, delivery dates), you will need to inform the relevant VicScreen Program Manager in writing immediately. VicScreen will then consider these changes, and determine if they are approved. Any approved changes may need to be reflected in your funding agreement with VicScreen.
If you make substantial changes to your project after it has been approved for funding by VicScreen (so that the project is substantially different from that reflected in your funding application), it may impact upon VicScreen's funding
Your funding agreement will set out all of your obligations to VicScreen in relation to your project, and the expenditure of the funds VicScreen provides to you. It is very important that you understand those obligations.
For that reason, you may wish to obtain independent legal advice in relation to the funding agreement, from an appropriately qualified lawyer. You may also be able to obtain legal advice from the Arts Law Centre of Australia.
You will need to make your own determination about the solicitor that is right for you.
Where necessary, we encourage you to budget for legal services by including a line item in your budget.
Chain of title is a term commonly used to refer to a series of documents that establish that you own all the necessary rights (including copyright) to allow you to develop, produce and market your project. If you are required to provide chain of title documents under your agreement, VicScreen will be entitled to approve those documents.
Documents which might typically form the chain of title for a project include:
→ Writer's Agreements
→ Option and Assignment Agreements (if you are basing the script for your project on someone else's work, such as a novel)
→ Producer's Agreements, and
→ Director's Agreements.
Download examples of Script Consultant's Agreement and Researcher's Agreement.
You will need to establish for VicScreen, at each relevant stage of your project, that you own all necessary rights and have the appropriate chain of title documents.
The requirement for you to provide a solicitor's opinion letter applies to some (but not all) of VicScreen's funding programs. The solicitor's opinion letter needs to be from an independent solicitor, certifying that you have acquired all the necessary rights to enable you to develop, market and produce your project.
Generally, VicScreen will require a solicitor's opinion letter prior to payment of the first instalment of funds. In some instances, VicScreen may also require a second solicitor's opinion letter prior to the payment of the final instalment of the funds.
In order to provide these opinion letters, your lawyer will need to review all relevant Chain of Title and other documents and confirm that you have acquired all necessary rights to make and exploit your project. Pro forma opinion letters are available from VicScreen upon request.
If you require more information, contact the relevant VicScreen program staff member. Please refer to the relevant Program Guidelines for contact details.
For questions about your funding agreement, contact:
Emma Cornall, Lawyer, 03 9660 3242