Documents related to licencing for music used in the "Nemesis" documentary

Response to this request is delayed. By law, Australian Broadcasting Corporation should normally have responded promptly and by (details)

Dear Australian Broadcasting Corporation,

I hereby submit a request under the FOI Act for the following document/s:
1. Communications (including but not limited to emails) internally between ABC staff and with external organisations/agencies related to the commissioning or licencing of music for the "Nemesis" documentary series.
2. Copies of licences/agreements for music for the "Nemesis" documentary series.
3. Invoices paid for licencing of music for the "Nemesis" documentary series.

I agree to the exclusion of duplicates and early parts of email streams which are captured in later email streams.
I agree to the redaction of personal details (e.g. full names, contact numbers/emails etc) of ABC staff if deemed necessary.

Sincerely,
Daniel M

Dear Australian Broadcasting Corporation,

I wish to amend my request to include the following:
4. The total cost of licencing music for the "Nemesis" documentary
5. The total cost of production of the "Nemesis" documentary, per episode

After "...if deemed necessary." please insert "This does not include the job titles of ABC staff which are still to be included."

I also wish to add that I agree to administrative release of any of the requested information if it assists in the processing, with the view that this does not result in a release less than that which would occur if released under FOI.

Sincerely,

Daniel M

FOI ABC, Australian Broadcasting Corporation

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    Freedom of Information request Documents related to licencing for music used in the Nemesis documentary.txt

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    Re Freedom of Information request Documents related to licencing for music used in the Nemesis documentary.txt

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ABC FOI 202324-067

 

Good evening Daniel M

 

Thank you for your 2 emails, attached. The ABC notes the addition of a
fourth and fifth point to the scope of your request on Tuesday 13 February
2024.

 

Would you kindly confirm that this reflects your request provided in the
initial 2 emails (combined below):

 

I hereby submit a request under the FOI Act for the following document/s:

 

1. Communications (including but not limited to emails) internally between
ABC staff and with external organisations/agencies related to the
commissioning or licencing of music for the "Nemesis" documentary series.

2. Copies of licences/agreements for music for the "Nemesis" documentary
series.

3. Invoices paid for licencing of music for the "Nemesis" documentary
series.

4. The total cost of licencing music for the "Nemesis" documentary
5. The total cost of production of the "Nemesis" documentary, per episode

I agree to the exclusion of duplicates and early parts of email streams
which are captured in later email streams.

I agree to the redaction of personal details (e.g. full names, contact
numbers/emails etc) of ABC staff if deemed necessary. This does not
include the job titles of ABC staff which are still to be included.

We have made initial enquiries with out Finance team. Regarding points 4
and 5, these documents do not currently exist.

The ABC may be able to create a document for your instead under s 17 of
the Freedom of Information Act (Cth) 1982 (FOI Act).

The Finance team has advised the ABC is not able to calculate a per
episode cost. The series had 3 parts and the costings were for the
production of all 3 epsiodes as a series production.

Would you kindly advise whether you are happy for the creation of a
document for the series cost of (a) the music licensing and (b) the
production overall as a series that woud answer parts 4 and 5?

If so, would you be satisfied with this information such that the costs
for part (a) do not also need to be reflected by individual invoices
requested in part 3 as well, in that part 3 could be removed from the
scope?

As for part 1, the ABC’s program material is exempt from the FOI regime
under s 7(2) of the FOI Act which would cover the ABC’s internal
communications about the making of this documentary including choices
around music that was in the program.

Would you kindly advise whether you are happy to amend part 1 to reflect
external (and not internal) correspondence  / agreements about “the
commissioning or licencing of music for the "Nemesis" documentary series.”
 

The FOI team is happy to chat by phone if that helps, during business
hours, about any of the above.

Many thanks,

ABC FOI team

02 8333 3312

This email, including any attachments, is intended only for the addressee.
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Good morning ABC FOI team,

Thank you for your reply.

In relation to point 1 of my request:
Given as you have advised that programme material is exempt from the FOI regime (therefore covering internal communications), for the purposes of the FOI request I would agree to amend point 1 to reflect as follows:

1. Communications (including but not limited to emails) from ABC staff to external organisations/agencies, and vice versa, related to the commissioning or licencing of music for the "Nemesis" documentary series. This does not include communications exclusively between ABC staff.

I note that if I were to proceed with the request as originally written, as you have indicated, that section of the request would be refused. I would, however, respectfully ask if the ABC would consider administratively releasing the internal communications exclusively between ABC staff.

In relation to point 3 of my request:
I would still like to proceed with section 3 of the request, as I would like to ascertain how much was paid per music piece used in the documentary series.

In relation to points 4 and 5 of the request:
I agree that the creation of a document would satisfy those points of the request.

Yours sincerely,

Daniel M

FOI ABC, Australian Broadcasting Corporation

ABC FOI 202324-067

 

Good afternoon Daniel M

 

Thank you for confirming the scope of your request, including the
amendment to part 1 being updated to be: 

 

1. Communications (including but not limited to emails) from ABC staff to
external organisations/agencies, and vice versa, related to the
commissioning or licencing of music for the "Nemesis" documentary series.
This does not include communications exclusively between ABC staff.

The ABC is required to consult with a third party under ss 27 / 27A of the
Freedom of Information Act 1982 to seek their views on the release of
information you have requested.

This means that your request is due by Monday 15 April 2024 as the
timeframe is automatically extended under the Act.

It is optional to be identified as the FOI applicant for the purposes of
consultation. If you consent to this, please let us know by return email.

Many thanks,

ABC FOI team

13 9994

This email, including any attachments, is intended only for the addressee.
It is confidential and may contain privileged information. You should not
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by separate email or telephone and delete the email from your system.

 

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Hi ABC FOI team,

I note that the extended due date of 15 April 2024 has now passed.

I do not consider this FOI request to have been refused. As I wish to proceed with my FOI request as normal, I wish to voluntarily offer an extension to Tuesday 11 June 2024.

Looking forward to hearing back soon.

Best regards,
Daniel M

FOI ABC, Australian Broadcasting Corporation

ABC FOI 202324-067

Good afternoon Daniel M

Thank you for your email and understanding.

We are advanced in processing this file. The ABC will seek an extension of time from the OAIC under s 15AB of the FOI Act and include your email below that you are happy with a new due date of Tues 11 June 2024.

It is up to the OAIC whether to grant the extension, and they would usually notify their decision to you directly as well as to the ABC. We will continue processing your request in the meantime.

Many thanks,
ABC FOI team

13 9994
 

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This email, including any attachments, is intended only for the addressee. It is confidential and may contain privileged information. You should not read, copy, use or disclose it, or take any other action in reliance of the information contained in this email, without authorisation. If you have received the email in error, please immediately let the sender know by separate email or telephone and delete the email from your system.

-----Original Message-----
From: Daniel <[FOI #11094 email]>
Sent: Wednesday, May 22, 2024 11:04 AM
To: FOI ABC <[ABC request email]>
Subject: Re: FOI 067 - EOT ss 27 / 27A [ABC-Legal.FID98987]

Hi ABC FOI team,

I note that the extended due date of 15 April 2024 has now passed.

I do not consider this FOI request to have been refused. As I wish to proceed with my FOI request as normal, I wish to voluntarily offer an extension to Tuesday 11 June 2024.

Looking forward to hearing back soon.

Best regards,
Daniel M

-----Original Message-----

ABC FOI 202324-067

 

Good afternoon Daniel M

 

Thank you for confirming the scope of your request, including the amendment to part 1 being updated to be: 

 

1. Communications (including but not limited to emails) from ABC staff to external organisations/agencies, and vice versa, related to the commissioning or licencing of music for the "Nemesis" documentary series.
This does not include communications exclusively between ABC staff.

The ABC is required to consult with a third party under ss 27 / 27A of the Freedom of Information Act 1982 to seek their views on the release of information you have requested.

This means that your request is due by Monday 15 April 2024 as the timeframe is automatically extended under the Act.

It is optional to be identified as the FOI applicant for the purposes of consultation. If you consent to this, please let us know by return email.

Many thanks,

ABC FOI team

13 9994

This email, including any attachments, is intended only for the addressee.
It is confidential and may contain privileged information. You should not read, copy, use or disclose it, or take any other action in reliance of the information contained in this email, without authorisation. If you have received the email in error, please immediately let the sender know by separate email or telephone and delete the email from your system.

 

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FOI ABC, Australian Broadcasting Corporation

ABC FOI 202324-067

 

Good afternoon Daniel M

 

We refer to your email of 22 May offering the ABC a voluntary extension of
time time until today, 11 June 2024 to finalise your FOI request.

The ABC thanks you for your patience with this file.

Additional consultation with a third party is required meaning we will not
be in a position to issue the decision today. Last week, we asked the OAIC
to consider a brief, further extension of time and we await their
decision.

Such extension is entirely at the discretion of the OAIC. We understand
they would likely notify you directly of their decision, as well as the
ABC.

We wanted to keep you updated and advise that we will continue to progress
your file in the meantime.

Happy to chat if you’d like to call as we do not have a phone number to
reach you. We do apologise for the delay.

Many thanks,

ABC FOI team

13 9994

This email, including any attachments, is intended only for the addressee.
It is confidential and may contain privileged information. You should not
read, copy, use or disclose it, or take any other action in reliance of
the information contained in this email, without authorisation. If you
have received the email in error, please immediately let the sender know
by separate email or telephone and delete the email from your system.

 

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Dear ABC FOI team,

I hereby withdraw my FOI request dated 12 February 2024 with reference number 202324-067.

Warm regards,

Daniel M