Copyright agency

Copyright Agencies are not-for-profit organisations charged with common activities including setting royalty rates, administering copyright registration databases, and issuing interpretations of copyright statutes. While some copyright agencies may also act as copyright collection societies, not all have that authority, and many copyright collection societies are only authorised by the government to manage schemes on their behalf and are completely independent.

Copyright is a kind of intellectual property which protects the original expression of ideas. Creators can use it to manage how their content is reproduced.^[1]

Function

The core function of the Copyright Agency is to set and issue licenses to users of copyright protected material, collect licence revenue and distribute these as royalties money collected fairly and equitably to copyright owners and creators.^[2]

They think that creators and publishers should receive a fair reward when their work is re-used. The way to ensure this is to issue licenses to organisations that want to copy and re-use their published work. The license fees collected are then passed on to the copyright owners - the authors, publishers and visual artists - that they represent.

Any organisation photocopying, scanning or digitally reproducing material from copyright publications will usually require a licence to ensure legal compliance. The licences will help to reduce the risk and potential cost of copyright infringement. This requirement applies to organisations in the business, education, public or charitable sector.^[3]

Copying refers to photocopying, scanning and re-use of content from magazines, books, journals, electronic and online publications, as well as press clippings or documents supplied by a licensed third party.

The licences provide a cost effective way to manage the risk associated with using and reproducing copyright materials.

The Copyright Agency | Viscopy in Australia collects fees and distributes royalties to creator members for the reuse of their copyrighted text and images. They also manage the schools and universities copying schemes, the Federal, State and Territory government copying schemes, the Resale Royalty scheme for artists, and the special provisions for institutions assisting people with print disabilities.

Businesses demonstrating best practice governance purchase commercial licences from the Copyright Agency | Viscopy for improved compliance and to protect themselves from infringement. Their members are authors, poets and playwrights, journalists, publishers, visual artists, photographers, cartoonists and illustrators and surveyors.

Since July 2012, Copyright Agency has managed Viscopy’s services. Viscopy’s members are just visual artists artists and artists’ estates.

The Copyright Agency | Viscopy are responsible to:

• the Commonwealth Attorney General under our appointment to manage the ‘statutory’ licences for education and government.
• the Minister for the Arts under our appointment to manage the artists’ resale royalty scheme.
• members under the Corporations Act.
• people who hold licence fees under trust obligations.^[4]

Type of Commercial Licences^[5]

1. CopyrightAccess Licence This licence is suitable when your business is using published material from magazines, journals, websites or books throughout the business or photocopying newspaper articles.
2. NewsAccess Licence for business Digital use of newspapers. For example, this will enable your employees to scan in an article that they see in a newspaper about your business or its competitors and share it with their colleagues
3. ContentAccess Licence for PR and marketing firms For public relations or marketing firms wishing to copy and distribute press clippings to clients and staff
4. Licences for press clipping agencies Specifically designed for companies providing press clipping services to businesses
5. Funeral directors and crematoria Delivering funeral, bereavement, remembrance or related services to the public in a funeral home or crematoria.

Benefit of Licences^[6]

• Allows the copying of content from most publications
• Reduces the risk and the potential cost of copyright infringement
• Offers the only way to get blanket cover so you don't have to seek permission from each copyright owner individually
• Provides the convenience and certainty of a single transaction with one annual fee

Educational Licenses^[7]

The licence, set out in the Copyright Act, allows teachers to copy and share text and images in ways that usually require permission provided that fair compensation is made to the creators of the content.

In addition to arrangements with peak bodies for schools and universities negotiated through Copyright Advisory Group – Schools (CAG), the Copyright Agency also has individual agreements with more than 1,000 other education providers, including: private independent colleges, RTOs, training arms, community colleges and kindergartens. Licenses are required by Independent Education institutions where no agreement exists.

Under the education copying scheme, teachers can copy and communicate text, images and print music without a copyright clearance if: ^[8]

• It is for educational purposes
• Copying or sharing must only be for educational purposes. If it is also for other purposes (e.g. if a copy is made available to the general public), then the licence does not apply. This includes copying and sharing content in connection with a course of instruction, and copying content for the library’s collection.
• The statutory license allows the use of text and images from any source or format:
• Digital or hardcopy
• Online or offline
• Australian or foreign content
• Published or unpublished content

The Government has also appointed Screenrights to manage the licence that allows educational institutions to copy and share broadcast content, such as documentaries shown on television.

The education copying scheme (statutory licence) allows any form of ‘reproduction’ or ‘communication’. This includes adding to or changing the content, or presenting it in a different context. The licence doesn’t apply to translations from one language to another, or to a ‘dramatic version’ of a non-dramatic work (such as screenplay based on a short story), or vice versa (e.g. a novel based on a film).

Commercial Licenses^[9]

Businesses copy and share a wide range of information on a daily basis for analysis, to educate staff, monitor competitor activity and keep up-to-date with the latest industry news and trends. Most of this material is copyright protected and requires a licence.

The Copyright Agency provides a range of copyright licences to cover the use of copyright material for specific business needs. The licences are easy to use and aim to assist businesses to improve workflow while minimising their risk of copyright infringement.

ANNUAL LICENCES

You can price a licence depending on your needs in 3 easy steps on our Rights Portal website.

PAY-PER-USE LICENCES

We also offer single, one off pay-per-use licences for:

• News and Magazines
• Books
• Journals

Government Licenses^[10]

Government departments, agencies and government-related bodies in Australia have several options to efficiently manage their responsibilities under the Copyright Act 1968 (the Act).

1. Commonwealth, State and Territory Government departments and agencies (the Crown) are eligible to copy and communicate under the Statutory Government Licence provided the activity is for the services of the Commonwealth or State and/or Territory. Read more about Commonwealth Governments and more for State and Territory Governments.
2. Local Government Authorities are not eligible under the Crown and can not copy under the Statutory Government Licence. As such, Local Government Authorities are required to take a CopyrightAccess Licence.
3. State owned corporations and other statutory authorities that aren’t included under current State or Commonwealth agreements and are not eligible to copy and communicate under the Statutory Government Licence and require a GovCopy Licence. See more information how to get a Licence on our Quasi-Government Bodies page.

Visual Art Licenses^[11]

If you are looking to use an image of an artwork in your next book, advertisement, film or merchandise, then you’ll need to request an image licence to allow the use of the artwork and you may need to pay a fee.

Viscopy, now managed by the Copyright Agency, represents over 11,000 Australian and New Zealand artists and over 40,000 international artists through its international partners.

At Copyright Agency | Viscopy, they can help manage the end-to-end licensing process for you.

what they will do:

• guide you through the steps involved,
• handle artists’ approvals,
• provide quotes on fees, and
• suggest the right licence to meet your needs.

List of copyright agencies

• Copyright Board of Canada
• Copyright Royalty Board (US)
• United States Copyright Office
• The Copy Right Licensing Agency (UK)
• Copy Right Agency (Australia)

References