17 August 2005

Umpire to set value of schools digital copying

Copyright Agency Limited (CAL) has applied to the Copyright Tribunal to rule on the value of school-based digital copying of authors' and artists' work.

CAL represents the authors and artists who create much of the work copied by Australian schools and manages the copyright licences that ensure proper payment for the use of their works for educational purposes.

The application was lodged in the Copyright Tribunal last Friday, 12 August, and comes after more than four years of talks between CAL and the body representing Australian schools on copyright matters, Copyright Advisory Group to the Schools taskforce of the Ministerial Council on Education, Employment, Training and Youth Affairs (CAG).

Talks between CAL and CAG failed to resolve the method of tracking and monitoring digital copying and its value. A price is already set for paper copying.

Over the past six months CAL and CAG have held intensive negotiations to resolve the method of the new digital monitoring system. These negotiations led to a period of electronic monitoring in schools and the information gained will assist the Tribunal in its deliberations.

“CAL and CAG agree that creators should be paid for the digital copying of their work by schools and so the debate is really about the value of that copying,” CAL CEO Michael Fraser said today.

“Digital access to educational materials holds great value for teachers and students as it opens the door to information from sources that were inaccessible before the advent of the internet,” Mr Fraser said.

“Digital access is a wonderful step forward for schools – providing unlimited sources for teachers to provide quality information for students – and the creators of original works should be fairly rewarded for the multiple copying of their work.

“Many Australian authors, artists and educational publishers rely on these payments to enable them to continue creating the quality resources our school children need,” Mr Fraser said.

“A change in copying technology from the photocopier to the computer raises important issues about the ground rules for digital communication of valuable content. These questions will now be decided by the independent umpire.”

CAL and CAG have worked closely over the years to monitor photocopying and pay authors and artists for school-based photocopying.

The peak bodies representing both publishers and authors – the Australian Society of Authors (ASA) and the Australian Publishers Association (APA) – have both commended CAL for taking this step to ensure their members are properly paid for school-based digital copying.

APA Chief Executive Susan Bridge said digital copying posed a significant challenge for publishers and this case would go a long way to settle some of the copyright uncertainties involved in school-based digital copying.

ASA Executive Director Jeremy Fisher welcomed the move as one which showed a commitment by CAL to ensure authors are fairly paid for new methods of copying their work.

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Tel: 02 9304 7600

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