Section A: Details of publisher member

1. APPLICATION DETAILS

If a company or other entity is applying to be a publisher member: (Note: this is the company or other entity that controls the rights and is entitled to receive Copyright Agency Limited (CAL) payments).

Company or other entity name :

Trading or Business Name :

*Registered ABN name if
different from above :

ABN :

Are you registered for GST? :

Yes No

2. STREET ADDRESS

Line 1 :

Line 2 :

Suburb :

State :

Postcode :

Country :

3. POSTAL ADDRESS

(if different from street address)

Line 1 :

Line 2 :

Suburb :

State :

Postcode :

Country :

4. CONTACT PERSON

Title :

First Name :

Middle Name :

Surname :

Position

.5 CONTACT DETAILS

(for Contact Person if supplied or Applicant if no Contact Person supplied)

Telephone :

Fax :

Mobile :

Email :

Web Address :

Section B: Payment details

ELECTRONIC FUND TRANSFER (EFT)

BSB number :

Account number :

Account name :

If you would like your distribution payments credited to your account once EFT payments are operational, please complete these details.

Please note, as a member of CAL it is your responsibility to advise CAL of any changes to contact and payment details during the term of membership.

Section C: Copyright material and licence scheme participation

I apply to be a member of CAL for all Works in which I own, control or represent the rights for Reproduction or Communication or both, for the specified CAL Licence Schemes as listed below:

Please tick to choose your level of participation in CAL's Licence Schemes.

Statutory Licence Schemes (education and government) (required)

Commercial Reproduction Licence Schemes

New Media Licence Schemes

Section D: Membership terms

I agree to the following:

Grant of Licence
1. 1.1
  Where the Nominated Licence Schemes include a CAL Licence Scheme, I grant CAL the non-exclusive right to sublicense third parties (including foreign and Australian collecting societies) to Reproduce and Communicate Copyright Material under that CAL Licence Scheme.
2. 1.2
  The licence referred to in clause 1.1 is a worldwide licence.
Appointment as agent and RCTI authority
1. 2.1
  I appoint CAL as my non-exclusive agent in all matters relevant to the use of the Copyright Material under the Nominated Licence Schemes.
2. 2.2
  I authorise CAL to issue Recipient Created Tax Invoices (RCTI) and Adjustment Notes for Taxable Supplies made by me under the Agreement.
Administrative Costs
1. CAL may deduct its administrative costs (including anticipated costs) and any other amounts authorised by the Constitution from moneys it collects.
Remuneration
1. 4.1
  Subject to clause 4.2, CAL will notify me of any money allocated to me in accordance with the method of allocation determined by CAL from time to time.
2. 4.2
  I acknowledge that the payment of money allocated to me will be subject to requirements reasonably imposed by CAL from time to time.
Warranties, Indemnities & Waiver
1. 5.1
  I warrant that:
  1. I am eligible under CAL's Constitution to be admitted as a member of CAL;
  2. I can grant the rights granted by the Agreement and those rights do not infringe the copyright or other proprietary right of any other person;
  3. where I am not the sole owner of copyright in the Copyright Material, I have obtained the necessary consents to enter into the Agreement; and
  4. where I have notified CAL of payment splits for the Copyright Material, the information supplied is correct.
2. 5.2
  I undertake to notify CAL of any changes in the control of the Copyright Material including reversions of rights and, where I have notified CAL of any payment splits, including any changes to those payment splits.
3. 5.3
  I indemnify CAL against any liability incurred by CAL arising out of:
  1. a breach by me of the Agreement; or
  2. an infringement of copyright or other proprietary right in the licensing of the rights granted by the Agreement.
4. 5.4
  The warranties and indemnities given in this clause 5 extend for the benefit of the Licensees.
5. 5.5
  I waive any claim of copyright infringement I may have against a Licensee in relation to any act or omission done under a licence granted under the Nominated Licence Schemes.
Term And Termination
1. 6.1
  This Agreement starts on the date I am admitted to membership of CAL and ends when the membership terminates in accordance with the Constitution.
2. 6.2
  Subject to the Corporations Act 2001, CAL may at any time terminate my membership of CAL if I cease to be eligible for membership under the Constitution.
3. 6.3
  If:
  1. the Agreement is terminated, or
  2. I seek to withdraw Copyright Material from a CAL Licence Scheme, CAL may, except as otherwise provided in the Constitution, continue to license the rights granted by me for a further three years.
Constitution
1. I acknowledge that, on admission as a member of CAL, I will be a Publisher Member of CAL and subject to the terms of the Constitution.

GLOSSARY OF TERMS

Act means the Copyright Act 1968;
Adjustment Note, Recipient Created Tax Invoice and Taxable Supply have the same meaning as in the A New Tax System legislation;
Agreement means the agreement between you and CAL formed by your admission as a member of CAL on the terms set out in this application;
CAL means Copyright Agency Limited ABN 53 001 228 799;
CAL Licence Schemes means the schemes administered by CAL from time to time where a specified category of user is licensed by CAL to Reproduce or Communicate Works;
Commercial Reproduction Licence Schemes means the CAL Licence Schemes where a user is licensed by CAL to Reproduce, but not Communicate, Works;
Communicate has the same meaning as in the Act;
Constitution means the constitution of CAL;
Copyright Material means the Works in which you own, control or represent copyright from time to time; Licensee means any person licensed or authorised by CAL to Reproduce or Communicate Works;
New Media Licence Schemes means the CAL Licence Schemes where a user is licensed by CAL to both Reproduce and Communicate Works;
Nominated Licence Schemes means the Statutory Licence Schemes and any CAL Licence Schemes in which you elect to participate from time to time;
Reproduce has the same meaning as in the Act;
Statutory Licence Schemes means the schemes in the Act under which bodies may Reproduce and Communicate Works; and
Work has the same meaning as in the Act.

Unless otherwise stated in this application, words and phrases in this application have the same meaning as in the Act and the Constitution. The Agreement is subject to the Constitution and the terms of the Constitution prevail over the Agreement to the extent of any inconsistency. In this application, the singular includes the plural.

The Agreement binds the parties and their respective successors and assignees.

The Agreement is governed by the laws of New South Wales.

Section E: Additional member information

Please tick if you are a member of:

Australian Publishers Association (APA)

Other publishing organisation(s) (please name)

CAL PUBLICATIONS

CAL's publications are normally distributed electronically to members' email addresses. To receive hard copies please select from the following:

Calendar (CAL's quarterly newsletter)

hardcopy

CAL's annual report

hardcopy

As a collecting society, CAL collects personal information in the course of its operations. CAL has a privacy policy that governs the use, release of and access to your personal information.
See CAL's privacy policy for more information.

Section F: Information for returning form to CAL

Thank you for completing the CAL Membership Application. Please print this completed form and sign the last page.

You can send your application to CAL by posting all the pages of this form to the following address:

COPYRIGHT AGENCY LIMITED
REPLY PAID 84621
SYDNEY NSW 2000

Or you can choose to fax your completed application to CAL on +61 (0)2 9394 7601

Yes, I have read and accept the CAL Membership terms.

Signature

Print name

Date

Office use only: COID

AGID

Date processed

Initials

Publisher Membership Application