To ensure receipt of royalties for an audiovisual work, it is mandatory to insert the ‘TALI clause’, and in its official name – The Protection of Rights Clause, to any contractual transaction between a screenwriter/director and whoever commissioned the work. However, it is important to emphasise that doing so is not enough. To ensure the protection of rights, make sure that other clauses of the contract and preamble cannot harm, contradict or override the TALI clause
TALI members are welcome to consult with TALI’s lawyers, at no cost regarding protection of their copyrights.
Here is the TALI Clause:
Notwithstanding the provisions of this Agreement, including sections ______ hereinabove and/or sections ______ hereinbelow, any transfer of rights and/or grant of license of the screenwriter/director under this Agreement is subject to and does not apply to public performance rights, broadcasting rights, rental rights and the rights to make available to the public (where such rights shall be used solely for the purpose of collection and receipt of royalties from the public performer and/or the broadcaster and/or the renter and/or the entity making available to the public in consideration of the public performance and/or broadcasting and/or rental and/or making available to the public of the screenplays and/or the film and/or the program and/or the series) of the screenwriter (with respect to the screenplay of the film and/or the program and/or the series) and of the director (with respect to the direction of the film and/or the program and/or the series), which will remain in the possession of the screenwriter/director and which have been or will be transferred by the screenwriter/director to TALI – The Collecting Society of Film and Television Creators in Israel Ltd. (“TALI”) and/or any other rights management organization. For the avoidance of doubt, in the event of a conflict between this section and any other section in this Agreement, the provisions of this section shall prevail.
In the event that the producer or the broadcasting entity (to whom the producer sells the film and/or the program and/or the series) sells the film and/or the program and/or the series to a third party (hereinafter the: “Third Party”), the screenwriter/director and/or TALI shall not contact the producer or the broadcasting entity, claiming or demanding payment of royalties for the public performance and/or broadcasting and/or rental and/or for making available to the public of the film and/or the program and/or the series by the Third Party, regardless of whether at the time thereof there has been an agreement to pay royalties between TALI and the Third Party or not, but rather contact the Third Party with respect to the collection and receipt of royalties for the public performance and/or broadcasting and/or rental and/or for making available to the public by the Third Party, as aforesaid.
To download the updated TALI Clause in PDF format click here
To receive the TALI Clause in DOC format please email Merav Klein at
merav@tali-rights.co.il
