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Welcome to the CALdirect homepage.

CAL 's business is changing and we want you to hear about it. On this page you'll find the most recent information about CAL 's planned new payment method, CALdirect.

To receive email alerts when more information about CALdirect becomes available, send an email to pr@copyright.com.au with ‘CALdirect' in the subject line.

What is CALdirect?

CALdirect is a new payment system, designed to get CAL payments to you – faster.

Why introduce a new payment system?

Members will now have two CAL payment options to choose from, with both options ensuring more equitable and transparent method of payments to our members.

  1. Registration option – members will receive their registered agreed payment share in a work directly from CAL .
  2. Default option - members will receive the default payment directly which will be 50% to the creator(s) and 50% to the publisher.

If a work is copied and appears in one of our surveys, CALdirect will allow us to make direct payments to all the copyright owners.

What are the benefits of CALdirect?

Quite simply, CAL offers great benefits to our members.

CAL direct means faster payments to members. Because participants will have registered the agreed payment shares in a work, there will be no need to submit notifications of copied works or claim forms to CAL .

Significantly, members will no longer have to make secondary payments to any other rightsholders.

How does CALdirect work?

By registering the agreed payment shares in a work with CAL , all the registered member recipients will receive their share directly from CAL when a work is allocated copying fees.

Where works are not registered for CALdirect , CAL will apply a 50/50 default split between the works creator(s) and publisher.

Payments for non-registered works

Where CAL has not been advised of payment shares in a work for which copying payments have been allocated, a default split will apply to all CAL payments.

This default payment will generally be split 50/50 between a work's creator(s) and publisher.

What is an ‘agreed payment share'?

This is the share of any CAL payments that may be allocated to a work, as agreed to by all rightsholders in the work.

This may include what has been agreed to in a publishing contract by a work's authors, publishers and other creators such as illustrators. In some circumstances, publishing contracts may specifically refer to CAL payments or reprographic rights.

The agreed payment share can be between any number of participants in a work including the author, publisher, editor and illustrator.

Who has to notify CAL of the agreed payment shares in a work?

Any rightsholder can advise us of the agreed CAL payment shares in a work, either as an individual or on behalf of other rightsholders.

Will CAL confirm the agreed payment shares?

Yes. CAL will confirm the agreed payment shares with any other rightsholders, allowing sufficient time for other rightsholders to respond and agree with what has been notified to CAL .

If the other rightsholders do not contact CAL , we will assume the agreed payment shares are confirmed. CAL will register the payment shares and any future payments for allocated to that work will be paid according to these notified payment shares.

What if rightsholders do not agree?

CAL suggests that rightsholders confirm their agreed payment shares with any other rightsholder before notifying CAL .

Where the agreed payments share is disputed by another rightsholder, CAL will ask for verification of the agreed payment shares, for example, as outlined in a publishing contract.

In the event that rightsholders do not agree as to the CAL payment shares, a dispute resolution process will commence and payments will be automatically placed in trust pending the resolution of the dispute.

What is the current payment model?

CAL 's current payment model sees 100% of a CAL payment paid to an author member in the first instance, when their work appears in a CAL survey.

Where the author is not a member of CAL but the publisher is, or where the author has instructed CAL to make payments to their publisher, CAL pays the publisher 100% of the CAL payment.

The current approach requires the payment recipient to make any secondary payments to other rightsholders within 60 days of receiving a CAL payment.

Will CALdirect change the way payments are allocated?

No. CALdirect will not affect the way CAL allocates payments for the copying and communication of works. CAL payments will continue to be allocated to works when they have been copied and appear in one of CAL 's surveys.

How can I register my works for CALdirect?

CAL wants to make registering your works for CAL direct payments as easy and simple as possible.

CAL is looking at two methods of registration:

  • registering single or smaller numbers of works via CAL 's website, and
  • direct data exchange between CAL and publishers for bulk registrations of large numbers of works.

Final details are to be confirmed but the registration process will allow you to register your payment shares according to, among other things, how your works are used, and where different payment shares may apply.

What if my contract does not refer to CAL payments?

CAL payment shares can often be determined by looking at what ‘reproduction' and ‘communication' rights for hardcopy and digital use are given to a rightsholder in a contract.

For example you might own 100% of all hardcopy reproductions while another rightsholder may own 100% of digital reproductions.

Are there any exceptions to the 50/50 default split?

The default payment split can be applied to most types of works that appear in CAL surveys.

The exceptions include those works where rights ownership is specified in the Copyright Act 1968 (the Act) or other legislation.

The Copyright Act says employed journalists own the copyright reproductions of their work and book publication but all other rights including digital rights lie with the newspaper or magazine publisher; and the Act also says government owns the copyright in works written under their direction and control.

Other exceptions may include items such as foreign works, edited collections and anthologies. The default 50/50 split may not apply to these types of works as the rights ownership tends to differ from the average published text.

CALdirect – what we need from you

If you decide to register titles for direct payments, CAL will need to know:

  • The title of the registered work, including bibliographic data such as the ISBN/ISSN
  • The agreed payment shares: split by % share
  • Where possible, other rightsholders' contact details. CAL will contact non-member rightsholders and encourage them to become CAL members so they may receive any agreed payment share in the work

What sort of works should be registered?

CAL suggests registering:

  • Works where the default 50/50 split does not reflect agreed payment shares or terms – ie, if your publishing contract specifies that you are entitled to a greater than 50% share of any CAL payments, you should register this entitlement
  • Works that have been copied recently and for which you have received previous CAL payments
  • Works that are academic, educational or non-fiction works or published within the last 10 years as they tend to appear in CAL 's copying records and surveys

When will CALdirect commence?

CAL expects to make CALdirect payments in the second half of 2009. This will give our members the time they need to register their works and determine their agreed payment shares with other rightsholders.

The good news is CAL 's current payment system, which has been operating successfully since 1989 and has paid close to $550 million to members, will continue to operate until CALdirect commences.

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