Copyright Agency's licences
Updated October 2011. To view a printable pdf version of this information click
here.
What is a Copyright Agency Licence?
Copyright Agency’s licences provide the legal means for accessing copyright material while securing fair payment for creators and publishers for the use and copying of their works.
Copyright Agency acts as a channel between users and copyright owners by:
- licensing individuals and organisations to copy and communicate works;
- collecting licence fees; and
- distributing that money, less administrative costs, to the copyright owners.
Copyright Agency offers licences to schools, universities, Federal, State, Territory and local governments and the corporate sector.
Copyright licences are an effective and efficient way to manage copyright clearance and the distribution of payments for the use of copyright works.
Copyright Agency licences provide easy access to both Australian and international content. By taking out a Copyright Agency licence, users of copyright works are able to legally copy without needing to seek permission, which delivers them significant time and cost savings.
Copyright owners, who are Copyright Agency’s members, save time and money by allowing Copyright Agency to administer and monitor the use of their work through copying licences.
Statutory licences
In Australia, the
Copyright Act 1968 (the Act) provides copying and communication licences for educational institutions, Federal, State and Territory governments, and organisations assisting people with disabilities. Copyright Agency has been declared under the Act as the body that administers these statutory licences on behalf of copyright owners.
These statutory licences balance usage and copying requirements with the rights of authors and other creators.
Statutory Educational licence
This licence allows educational institutions to make copies of copyright works for educational purposes.
There are two statutory licence schemes for copying and communication of works by educational institutions. They are:
The Hardcopy licence: This applies to copies made from hardcopy documents, such as photocopies.
Under the Hardcopy licence, educational institutions are allowed to copy:
- up to 10% of the pages of a book or one chapter of a book;
- an entire article (i.e. from a newspaper or journal), or two articles from the same publication that relate to the same subject matter;
- artistic works such as illustrations, graphs and maps. The whole of an artistic work may be copied if it is not separately published or it explains or illustrates another work such as a play or short story; or
- the whole of a work if it is unavailable for a reasonable time. Copyright Agency has agreed with educational bodies that a reasonable time is six months for textbooks and 30 days for all other works.
The Electronic Reproduction and Communication licence: This licence deals with an original electronic work and allows educational institutions to reproduce and communicate it to their staff and students.
Note that the work must already be in an electronic form.
Typical methods of communication include email and making material available on an intranet.
Under this licence, educational institutions are allowed to reproduce and communicate:
- up to 10% of a literary, dramatic or musical work. In the case of works in electronic format, 10% of the actual words in the work may be reproduced;
- the whole of an artistic work; or
- one article (or more if on the same subject matter) of a periodical publication.
Government departments and agencies
Copyright Agency also administers a statutory licence allowing Commonwealth, State and Territory government departments and agencies to reproduce, communicate, or otherwise use copyright works for the ‘services of the Commonwealth or State’.
Institutions assisting people with disabilities
There are two licences available to assist the disabled. They are the statutory licence for institutions assisting people with an intellectual disability and the statutory licence for institutions assisting people with a print disability.
With certain conditions, these licences permit approved institutions to convert works into alternate formats such as sound recordings, Braille versions, large-print versions, translations and photographic/picture versions of copyright works without infringing the copyright owner’s rights.
Copyright Agency also provides licensees with a searchable catalogue of master copies free of charge. The catalogue is located on Copyright Agency’s website at
www.copyright.com.au.
Other licences
Copyright Agency offers a number of copying licences for organisations which are not covered under statutory schemes. These organisations include corporations, local government, press clipping agencies, document delivery providers, religious organisations and associations. A Copyright Agency copying licence provides them with a cost effective and efficient way to legally copy the material they need to conduct their activities.
Corporations
Copyright Agency offers corporations an easy-to-use copying licence that allows them to conveniently copy works (subject to certain limits), such as books, journals, newspaper articles and reports, without needing to seek permission. The licence is
designed to save corporations time and money, and forms an important part of any risk management strategy or compliance program. The licence also includes the use of digital material. Payment under this licence depends on factors including the size of the corporation, and type of industry.
Press clipping agencies
Copyright Agency licenses press clipping agencies to distribute news clippings to their clients. There are a number of different licences that agencies can choose from.
The ‘photocopying’ licence allows press clipping agencies to photocopy and distribute press clips. The ‘scan to fax’ licence allows articles to be scanned and then faxed to clients.
There is also a licence that allows press clipping agencies to scan articles and digitally distribute them to clients.
Subject to ‘downstream’ terms and conditions, clients of press clipping agencies are able to digitally distribute copies internally by email or intranet, and archive clips for a limited period.
Not-for-profit organisations and associations
Copyright Agency’s Associations licence has been designed to meet the unique needs of not-for-profit organisations and associations. These can include unions, charities and not-for-profit societies.
The licence provides not-for-profit organisations with a cost-effective way to copy without needing to seek permission.
Organisations can copy newspaper and magazine articles represented by Copyright Agency. Books and journal articles may also be copied in accordance with the limits set out in your licence.
Other licences are also available that provide for digital use of books, journals and newspaper articles.
Local government
Copyright Agency’s Local Government licence allows councils to copy a range of specialised material including survey plans and maps, training manuals and the Australian Bureau of Statistics (ABS) reports. Councils can also copy (within set limits)
newspaper and journal articles, and chapters or sections from books.
The licence is affordable, improves risk management strategies and saves council staff valuable time because there is no need to seek individual permissions before copying material.
Document delivery
Copyright Agency can assist document delivery providers to meet their obligations under Australian copyright law.
With a Copyright Agency licence, document delivery providers are granted permission to copy works represented by Copyright Agency for distribution to their clients. Licensed document delivery providers are authorised to copy any or all of a Copyright Agency member’s works published in a magazine or newspaper. Licensed document delivery services can also copy (within set limits) sections of books and journals.
Customers of document delivery services are not permitted under this licence to make further copies of works delivered to them.
Religious Organisations licence
Copyright Agency’s Religious Organisations licence protects congregations from infringing copyright law while allowing them to copy (within limits) the copyright material they need.
Copies (within set limits) can be made of copyright material in books and journals, as well as the lyrics of a musical work.
Copyright Agency however does not represent the rights to the score, melody or musical notation of the work, and they are not covered by the licence.
The licence can cover both individual religious organisations and groups of religious organisations.
Copyright Agency’s licences can cover both hardcopy and digital use of works.
Who is Copyright Agency?
Copyright Agency Limited provides simple ways for people to reproduce, store and share words, images and other creative content, in return for fair payment. In doing so, it connects the creators, owners and users of copyright material.
Code of Conduct
Copyright Agency is a signatory to the Code of Conduct for Copyright Collecting Societies (the Code). It is designed to ensure that the rights of all members and licensees are clearly stated, and that the operations of collecting societies are transparent and
accessible.
The Code includes requirements for the Complaints Handling and Dispute Resolution procedures that collecting societies must follow. The Code and these procedures are available from Copyright Agency’s website and on request.