Rights and licensing

The National Film and Sound Archives (NFSA) usage and licence fees apply to works in the NFSA collection owned or controlled and verified by the NFSA including the Film Australia Collection.

The Film Australia Collection includes the Australian Government documentary films and associated materials produced by Film Australia and its predecessor agencies in the period 1913–2008.

Copyright clearance is the client’s responsibility. Where available the NFSA will provide the copyright owner’s contact details.

Restrictions may apply to some collection items and clients may be required to obtain special permissions prior to accessing this material. The NFSA will not be able to provide access without relevant permissions.

Australian Indigenous materials are made available in accordance with the NFSA’s Indigenous Cultural and Intellectual Property (ICIP) rights guidelines.

Unless stated, the minimum license or usage fee is 30 seconds. The 30 seconds can be carried across multiple episodes in a series.

A reduced per-second scaled rate is available if the client purchases more than three minutes of content. The full rate is charged for the first 180 seconds, 25% discount on the full rate for the following 180 seconds and 50% discount on the full rate for over 360 seconds.

Clients may license as excerpts up to 20% of the duration of any one title from the NFSA collection, including the Film Australia Collection.

General conditions

Research and handling fees will be applied to all requests for collection research, previewing materials (multiple items), lending and copying services.

Payment is required prior to NFSA staff commencing work on a client’s job.

A non-refundable minimum licence fee is payable on supply of material on broadcast quality format.

For domestic clients the fees are charged in Australian dollars, inclusive of Goods and Services Tax (GST).

Completion time for copying requests is dependent on the condition and format of the material. Please discuss your delivery timeframe with NFSA Enterprises staff.

On completion of the client’s use, master material provided by the NFSA must be erased or returned to the NFSA.

Clients are liable for any damage to, or loss of, collection items while in their care. The NFSA may charge a repair or replacement fee and service fees.

Urgent jobs (same day or within 48 hours) are charged an additional 25% surcharge on service and transfer fees.

Acknowledging the NFSA

Access to the NFSA’s collection for any public presentation or reproduction is conditional on a prominent acknowledgement or credit being given to the NFSA. The type and nature of the acknowledgement is agreed between the client and the NFSA.

The NFSA Usage or Licence Agreement specifies the required acknowledgment to be included in the client’s end credits or publication.

Publicity associated with the screening of films should contain the acknowledgement 'From the National Film and Sound Archive of Australia’.

Footage or stills from the NFSA collection published online are to be watermarked with the NFSA logo.

On deposit loans

Where owners have placed collection material 'on deposit’ with the NFSA, we can arrange for the retrieval and despatch of such material to the depositor (subject to service, technical and freight charges).

If a depositor requests the collection material be returned to them or made available to a third party, the depositor accepts all risks associated with the material after it leaves the NFSA. A formal agreement will be issued by the NFSA and must be signed by the depositor prior to release of materials.

Where necessary, condition reports will be supplied by NFSA film or video technicians, and additional technical service fees may be levied by the NFSA if needed.

Indigenous Cultural and Intellectual Property Rights guidelines

Indigenous Cultural and Intellectual Property Rights Guidelines for the Use of Aboriginal and Torres Strait Islander Material from the NFSA collection including the Film Australia Collection.

The NFSA respects Indigenous culture, Indigenous individuals and Indigenous communities and recognises their ownership of cultural and intellectual property rights.

Footage, audio and stills of Aboriginal and Torres Strait Islander peoples accessed from the NFSA collection are subject to the terms and conditions of the Usage or Licence Agreement in conjunction with the following guidelines. Non-compliance with these guidelines will constitute a breach of the agreement.

1. Requests for the use of the material must be made in writing with details of the production and the context for use of the footage and/or stills.
2. Footage and/or stills supplied must be used solely within the production outlined in the Usage or Licence Agreement and not for any other purpose.
3. All efforts to identify the community and location of the footage and/or stills should be made to ensure authentic and appropriate use. Footage or stills of a particular community should not be used to represent another community.
4. All efforts must be taken to seek approval from the relevant Indigenous community for the footage’s inclusion in a new production.
5. Footage, audio or stills of Aboriginal and Torres Strait Islander peoples should not be used as generic stock image or sound.
6. Some specific titles from the Film Australia Collection (FAC) require that the footage or still is acknowledged by an on-screen title or label of the name and year of production of the original FAC production. For example: Desert People – 1966 (c. NFSA).
7. All efforts must be taken to ensure correct credits, descriptions or captioning are applied to use of this material.
8. A warning is to be included when the production is broadcast or exhibited to the public as follows:

'Warning: Aboriginal and Torres Strait Islander viewers are advised that the following program may contain images and/or audio of deceased persons.'

Zero fee licence terms and conditions

To access the Zero Fee Licence (ZFL) program, you must:

• Provide proof of eligibility along with your application
• Accept that standard NFSA access fees will apply for any costs not covered by the ZFL program
• Enter into a contractually binding licence agreement with the NFSA
• Provide a master copy of the completed production (if it’s not Screen Australia-funded)
• Include on-screen acknowledgment:

'Footage supplied by the National Film and Sound Archive of Australia” (or as otherwise agreed'

Footage usage and rights

• All material supplied under ZFL is subject to the standard NFSA licence agreement.
• Footage is licensed on a non-exclusive basis for use in the approved production. Any additional use requires NFSA approval.
• There may be additional rights to clear (e.g., copyright, talent, location rights, or Indigenous Cultural and Intellectual Property considerations) depending on the selected footage.
• The NFSA reserves the right to decline any ZFL application at its discretion.

Theatrical screening loans - terms and conditions

The NFSA offers loans to cinemas, festivals, institutions and eligible organisations that wish to screen titles from the NFSA’s collections.

Theatrical screenings are usually those where ticketed admission is charged, or the borrower is a commercial cinema or organisation. This information is for clients wishing to loan material for theatrical screening purposes only. 

Catalogues

The NFSA’s National Collection includes 35 mm and 16 mm film prints and a limited number of titles on DCP. Still images are also available for some titles.

The NFSA’s Non-Theatrical Lending Collection includes 16 mm films. This Collection is largely pre-licensed for non-theatrical screenings by non-commercial organisations. For theatrical screenings, the standard process and fees apply.

The Film Australia Collection (FAC) contains over 5,000 documentaries and educational programs available to license. For screening information please contact the team through NFSA Pro.

Screening Loans are made to eligible organisations that register with the NFSA. Loans cannot be made to individuals for private use or home screenings. Loans will be dispatched once borrowers have:

• supplied insurance details
• supplied freight account details
• filled in a Loan Agreement sent by the Enterprises team
• provided written copyright clearance
• returned payment in full.

Loan formats

NFSA titles are principally available for loan on 35 mm and 16 mm film formats. A limited number of titles are available to on DCP. Not all titles are available on all formats.

Borrowers are encouraged to discuss their requirements with Screening Loans staff, who can provide advice about the availability of specific titles within the collection.

Registration and eligibility 

The NFSA reserves the right to refuse registration applications at its discretion. The specific projection and associated equipment used by the borrower, together with the qualifications and experience of projectionists, form part of the registration and approvals process.

It is recommended that borrowers consult with the projectionist or venue manager when completing this section of the registration form.

Material lent is subject to the conditions of loan, projection conditions, and print availability. The NFSA reserves the right to specify projection particulars or decline requests for the loan of items.

The Registration process is a one-off requirement for new borrowers, however the NFSA reserves the right to request a new Registration Form be completed at any time in the future, particularly if more than five years have elapsed between loans.

Borrowers are required to advise Screening Loans staff if personnel or equipment details change. Booking requests should be made through Screening Loans staff by filling out an Enterprises enquiry form.

Bookings should be made at least 4 weeks in advance of the required dispatch date. The NFSA reserves the right not to accept bookings made at shorter notice. Urgent requests are subject to capacity, and additional fees may apply.

Once all loan requirements are confirmed, Screening Loans staff will provide a quote for loans and any other services. On acceptance of the quote, the NFSA will issue a credit card authorisation form. Pre-payment for service must be received before titles will be sent out.

The normal loan period allows for one screening only. NFSA titles must be returned promptly after screening. Multiple screenings and extended bookings will need to be negotiated at additional charge.

Loan fees

The NFSA charges fees for cost-recovery and access to the NFSA collection. A service fee will apply at the commencement of a borrower’s loan request. Current fees are outlined on the NFSA website via the fees page. 

Fees are reviewed annually and are subject to change. The NFSA does not charge licensing fees for materials owned by third party rights holders. Permissions and licensing fees are negotiated directly between the borrower and the rights holder.

Cancellations

Bookings may be cancelled by notifying staff via email or telephone. In the event that a booking is to be cancelled before the required dispatch date, cancellation charges of up to half the loan fee for the order will apply if film prints have already been prepared for dispatch.

Bookings cannot be cancelled once they are dispatched. The full loan fee for the order will apply and the borrower will still be responsible for the cost of freight.

Archival projection

Certain 35 mm film prints in the NFSA collection are designated ‘Archival’ category prints. These must be projected using a dual projector system with change-overs for each 2,000 ft reel.

Archival prints must not be ‘built up’ or spliced together onto larger reels, nor screened on single projector ’platter’ systems. Only NFSA ‘Access’ category prints may be screened using single projector ’platter’ systems.

Print condition

NFSA film prints are part of an access collection and print condition can vary significantly. The NFSA will supply the borrower with all known film print condition information from our database at no charge, noting that some prints have no recorded condition report.

Where this information is not available, or comparison of prints is necessary, borrowers may request an advance condition assessment. Indicative spot checks include a brief examination of one reel of the film to ascertain indicative conditions such as colour fade and scratches etc. Full checks include a detailed examination of all reels with written report. Additional fees apply for indicative and full print condition reports.

Loan agreements

All loans of titles for Theatrical screenings will be made under a separate Loan Agreement for each loan or event, which is in addition to the one‐off Registration Form. The Loan Agreement serves as a legal contract between the borrower and the NFSA. The responsibilities of the borrower are explained in the Loan agreement. The Loan Agreement must be filled in by the borrower before materials are dispatched 

Copyright

• The NFSA adheres strictly to all copyright laws, and requires borrowers to do likewise. All public film screenings require copyright clearance.
• The NFSA is not the distributor, licensor or rights holder of the vast majority of NFSA-held film titles. 
• The NFSA only makes films available for loan and screening where copyright permission has been obtained by the borrower from the appropriate rights holder for the specific use. The clearance from the rights holder must specify the film titles, screening format, admission charge, venue and date of the screenings.
• The NFSA will provide the borrower with the last known contact details for the rights holder, noting that rights holders and distributors can change over time. It is the borrower’s responsibility to locate the appropriate rights holder/s and seek clearance.

Unless additional written consent by a copyright holder is provided to the NFSA, it is an offence for borrowers to:

• use NFSA titles for any commercial purpose, other than specified in the clearance
• transmit or communicate NFSA titles by electronic or digital means, such as television, closed circuit, cable, on‐line or any other electronic means of any kind, present or future
• save, copy or reproduce NFSA titles as a whole or in part, by any format or storage method whatsoever
• lend NFSA titles to any other person or organisation.

The Borrower will supply the NFSA with written permission/s from the copyright owner/s to Screening Loans staff at least 4 weeks prior to the Screening date/s. NFSA will not send out the material until copyright permission is received.

Indigenous Cultural and Intellectual Property (ICIP) guidelines

The NFSA respects Indigenous culture, Indigenous Individuals and Indigenous communities and recognises their ownership of cultural and intellectual property rights.

Footage of Aboriginal and Torres Strait Islander peoples accessed from the NFSA’s National Collection, the Non-Theatrical Lending Collection and the Film Australia Collection (FAC) are subject to the terms and conditions of our Indigenous Cultural and Intellectual Property (ICIP) Guidelines. If Indigenous community clearance is required, the NFSA will provide the borrower with the last known contact details for the Indigenous owners. It is the borrower’s responsibility to seek clearance.

A warning is to be included when footage is screened to the public as follows: 'Warning: Aboriginal and Torres Strait Islander viewers are advised that the following program may contain images and/or audio of deceased persons'.

Audience numbers

The NFSA requires all borrowers to report attendance within 2 weeks of the screening. The NFSA uses this information to assess its service and be more responsive to borrowers' needs. 

Freight

Borrowers are responsible for arranging freight in both directions at their expense and on their own freight account. The NFSA will book outwards shipping using the borrower’s account.

In limited circumstances, the NFSA may agree to consign freight on its own freight account within Australia for additional charge. Borrowers are required to arrange all freight shipments of NFSA films via a recognised commercial courier. Freight should be traceable.

Returns

It is the responsibility of the borrower to ensure the safe return of items on time to the NFSA. The films must arrive back at the NFSA no later than 2 weeks after the screening.

The NFSA reserves the right to charge a weekly overdue loan fee. Film prints should be tight-wound and flat. Titles should be returned securely packaged using original boxes and packaging material.

The Borrower agrees to delete or destroy all files, versions and copies of NFSA material/s from projection systems and other storage media within one week of the final screening.

Insurance and damage

Borrowers are responsible for collection material for the duration of the loan period. This includes during outward and return transit. It is required that borrowers hold insurance to cover loss or damage to NFSA collection material in their care.

Borrowers must ensure their insurance covers loss or damage to materials in transit. Borrowers agree to supply the NFSA with a Certificate of Insurance upon request, or otherwise demonstrate that appropriate insurance cover is held.

Borrowers with third party venue hire arrangements (i.e. cinemas or screening venues) should ensure that their arrangements cover loss and damage of film prints at the venue. Should damage to NFSA titles occur, borrowers must not attempt repair. Please include an explanation of the nature and cause of the damage on the screening report and return this to Screening Loans staff.

Borrowers may be required to pay for the repair or replacement of a collection item in any instance where the item is lost or damaged. Upon return of the damaged item, the NFSA will determine whether the item needs to be replaced or repaired, and the appropriate cost to the borrower. If an item arrives in a damaged state, the borrower must inform the NFSA prior to screening, otherwise the NFSA will determine the damage was caused by the borrower.

For more information, refer to the Information for NFSA Screening Loans Borrowers: Loan Damage and Insurance {PDF, 200 KB).

NFSA Acknowledgement and advertising

It is a condition of all loans that the NFSA be acknowledged as the source of the film. Any publicity, advertising or screening notes, whether printed or in online or electronic form, should acknowledge each title loaned from the NFSA with the following credit: ‘Courtesy of the National Film and Sound Archive of Australia'.

The NFSA prefers acknowledgement to be accompanied by the NFSA logo wherever possible. Screening Loans staff can provide borrowers with a digital copy of the logo. Film and DCP copies created by the NFSA contain a leader with the NFSA logo and the following attribution; ‘From the collection of the National Film and Sound Archive of Australia’. This leader, and any additional sponsor or collection acknowledgements are to be screened preceding the film and must not be removed.

Acknowledgements are specified in the Loan Agreement and borrowers are contractually obliged to acknowledge the NFSA as a condition of the loan. Failure to acknowledge or credit the NFSA will result in an additional fee. Failure to adhere to these terms and conditions will prohibit borrowers from loaning NFSA collection material.

Contact us

To discuss theatrical screening, please contact the team through NFSA Pro.

Non-theatrical lending collection terms and conditions

The Non-Theatrical Lending Collection (NTLC) is available for registered Australian non-commercial organisations including:

• educational institutions
• arts or cultural organisations
• libraries
• government departments and agencies
• community groups
• film societies.

Registration

Borrowers who wish to screen selected NFSA titles for non-theatrical and non-commercial screenings must first complete the NTLC Registration Form.

The NFSA reserves the right to refuse registration applications at its discretion.

Conditions of use

• Under the terms of our non-theatrical licences, all screenings must be either free of charge or restricted to members of the organisation.
• Direct charges, including by donation, for admittance to screenings of NFSA-licensed titles are not permitted.
• Titles are provided for one screening only and titles are not permitted to be screened on a loop.
• The specific projection and associated equipment used by the borrower form part of the registration and approvals process.
• NTLC titles are subject to availability.
• The NFSA reserves the right to specify projection particulars or decline requests to loan items.
• Loans cannot be made to individuals for private use or home screenings or for fundraising activities.
• Failure to adhere to these terms and conditions or failure to pay invoices may result in termination of registration.

Insurance

• It is required that borrowers hold insurance to cover loss or damage to NFSA NTLC titles in their care and damage to titles in transit.
• Borrowers should ensure that their insurance covers loss of or damage to titles screened at third party screening venues.
• Borrowers agree to show the NFSA proof of insurance upon request.

Educational use

Educational Institutions applying to access titles for educational purposes (as permitted by the exception under s.28 of the Copyright Act 1968 or if it is an 'educational institution' as defined under s. 10 of the Copyright Act), must contact Enterprises through Pro.

Restrictions on use

NTLC titles are licensed for non-theatrical screenings and made available for that single purpose only. Without written consent from the copyright holder it is an offence for borrowers to:

• use NFSA titles for any commercial purpose, including at a screening where admission is charged
• screen NFSA titles in outdoor locations or non-enclosed public spaces
• transmit or communicate NFSA titles by electronic or digital means, such as television, closed circuit, cable, online or any other electronic means of any kind, present or future
• save, copy or reproduce NFSA titles as a whole or in part, by any format or storage method whatsoever
• lend NFSA titles to any other person or organisation.

Booking procedure

After registration, borrowers will be provided with a website login and are requested to book titles through the online catalogue.

• Bookings can be made online or by email.
• Bookings can be made up to 15 months in advance of the borrower’s scheduled screening date.
• The minimum booking time is 15 working days in advance of the screening date.
• An additional priority fee, including express freight fees, will be applied to loan bookings made with less than 15 working days notice.
• The NFSA reserves the right not to accept bookings made at shorter notice.

Cancellations

• For all booking cancellations please email nontheatric@nfsa.gov.au or directly via the NTLC booking website.
• There will be no charge for cancellations made 15 working days prior to the dispatch date.
• Bookings cannot be cancelled once they are dispatched.
• The full loan fee for the order will apply and the borrower will be responsible for the cost of freight.
• If the booking is cancelled with less than 15 days' notice cancellation charges of 50% of the loan fee will be applied.

Screening report

A Screening report is required when returning the item. Contact nontheatric@nfsa.gov.au for more.

Information supplied by borrowers enables the NFSA to assess its service and to be more responsive to borrowers' needs.

Care of NTLC titles

Borrowers are responsible for NTLC titles for the duration of the loan period, including during outward and return transit.

• Film prints should not be rewound.
• Film prints should be wound onto a plastic reel (not metal) of the original size when projected and shipped flat to minimise edge damage. NFSA will supply empty reels of any size on request.
• Borrowers may be required to pay for the repair or replacement of a collection item in the instance where an item is lost or damaged. Upon return of the damaged item, the NFSA will determine whether the item needs to be replaced or repaired and advise the appropriate cost to the borrower.

Return of titles

It is the responsibility of the borrower to ensure the safe and timely return of items to the NFSA.

• Titles should be returned no later than 2 weeks after screening and securely packaged using original boxes and packaging material. The barcoded return label (provided with the loan) can be attached to the package. Use of the return label will result in an additional flat freight fee. Otherwise, borrowers will need to make their own traceable freight arrangements at their expense.
• Borrowers are required to return titles via a traceable method of postage such as Registered Mail, Express Post or a commercial courier. The relevant tracking information is to be supplied to NFSA NTLC staff.
• A late fee may be charged for any overdue titles.

Damage and repair of NTLC titles

Should damage to NFSA titles occur, borrowers should not attempt a repair, but should include an explanation of the nature and cause of the damage on the Screening Report

If an item arrives in a damaged state, the borrower must inform the NFSA immediately, otherwise the borrower will be charged for the repair or replacement of the title.

For further information, refer to the information for NFSA Screening Loans Borrowers: Loan Damage and Insurance {PDF, 200 KB).

NFSA acknowledgement requirements

Any publicity, advertising or screening notes, whether printed or in online or electronic form, should acknowledge each title loaned from the NFSA with the following credit: ‘Courtesy of the National Film and Sound Archive of Australia'.

The NFSA prefers acknowledgement to be accompanied by the NFSA logo wherever possible. NTLC staff can provide borrowers with a digital copy of the logo.

NFSA film prints contain a film leader with the NFSA logo and the following attribution; ‘From the collection of the National Film and Sound Archive of Australia’. This leader, and any additional sponsor or collection acknowledgements must not be removed and are to be screened preceding the film.

Footage of Aboriginal and Torres Strait Islander peoples accessed from the NFSA’s NTLC titles are subject to the terms and conditions of our Indigenous Cultural and Intellectual Property (ICIP) Guidelines.

A warning is to be included when footage is screened to the public as follows: “Warning: Aboriginal and Torres Strait Islander viewers are advised that the following program may contain images and/or audio of deceased persons”. 

This information is for clients wanting to access NFSA NTLC titles for non-theatrical screening purposes only.

Contact us

To contact the team:

• email nontheatric@nfsa.gov.au
• call toll free in Australia 1800 012 175 or 02 6248 2217.