States & Territories
Overview
The Copyright Act enables Commonwealth, State and Territory governments (the Crown) and persons authorised in writing by the Crown to make an unlimited number of uses of copyright material for the services of government.
By providing this licence for government, the Copyright Act aims to balance the copying needs of government in Australia with the rights of authors and other creators to earn a living.
Commonwealth, State and Territory government departments and agencies are eligible to copy and communicate under the Statutory Government Licence provided the activity is for the services of the Commonwealth or State.
CAL provides your agency or department with an indemnity to ensure your department or agency is protected against legal proceedings by having pre-determined terms for the use of copyright material. Additionally, since CAL has been declared by the Copyright Tribunal as the collecting society for government copies of works and published editions of works, government departments and agencies are no longer required to notify copyright owners of use when they have entered into an agreement with CAL.
Activities allowed under the Statutory Government Licence
Commonwealth, State and Territory government departments and agencies may make unlimited uses of any amount of copyright material for the services of government. This means unlimited reproductions, adaptations, and communications - essentially any act normally the exclusive right of the copyright owner. This is outlined in section 183 of the Copyright Act. There are different collecting societies that deal with the different mediums of works, such as performances and broadcasts.
Operation of surveys under the Statutory Government Licence
CAL and government departments and agencies contract third party statistical research companies to conduct surveys of how much and what copyright material is used. These surveys are used to determine fees paid by the government for use of copyright materials. They also provide very important distribution information so that CAL can pass on royalties to the relevant authors and publishers whose works have been used. These surveys are conducted periodically in different government departments and agencies around Australia to ensure a fair representation of copyright data collected.
Use of newspaper clips under the Statutory Government Licence
For information on using newspaper clips, please click here.
Useful information for government departments and agencies
The following information sheet provides an overview of the Statutory Government Licence:
The following information sheet provides an overview of how government departments and agencies can scan, store and distribute newspaper clips in digital and hardcopy form.
State and Territory agencies and departments under the Statutory Government Licence
For a list of State and Territory departments and agencies that have an agreement with CAL please select your State or Territory:
If your department or agency is not listed and you think you are eligible for the Statutory Government Licence please contact CAL's Government Licensing team on 02 9394 7600 or email government@copyright.com.au to find out who your government representative is, so that you may be added to the agreement.
Negotiations are underway between CAL and the States and Territories for a new agreement for the period commencing 1 July 2006. At present, no State and Territory government has an agreement in place with CAL.
Intellectual property policies in the States and Territories
A number of States and Territories have developed intellectual property principles to assist their departments and agencies to manage their own and others intellectual property. You can find links to these policies below:
- NSW – Department of the Premier and Cabinet: Intellectual Property Management Framework for the NSW Public Sector
- VIC – Auditor-General's Office: Managing Intellectual Property in Government Agencies
- QLD – Department of Tourism, Regional Development and Industry: Queensland Public Sector Intellectual Property Guidelines
- SA – Department of the Premier and Cabinet: Intellectual Property Policy
- WA – Department of Industry and Resources: Government Intellectual Property Policy and Best Practice Guidelines
- TAS – Department of Justice: Guidelines for the Administration of Crown Copyright V 2.0
More information
For further information, please contact our Government Licensing department on
1800 066 844 (toll free within Australia) or +61 2 9394 7600. You can email us on government@copyright.com.au.