What personal information does Copyright Agency collect?
Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. (section 6 Privacy Act 1988 (Cth))
Copyright Agency collects personal information relating to individual creators, publishers, licensees and art market professionals as part of the normal course of its business. Where possible, Copyright Agency collects personal information directly from the individual concerned. The type of personal information that Copyright Agency collects from rightsholders, licensees and art market professionals includes contact information, bank account details for electronic funds transfer payments, lists of works, and details of other memberships/associations and of licence schemes in which members participate.
In limited situations, Copyright Agency also collects personal information relating to creators from other rightsholders in a work, including the publisher. This personal information is restricted to information which will assist in member recruitment or payment to rightholders, such as contact and entitlement information. If Copyright Agency cannot collect that personal information from other rightsholders, it will restrict its ability to efficiently recruit and pay rightholders.
Copyright Agency may also collect personal information indirectly through surveys administered by third parties for the purposes of determining licence fees for use of copyright material and for determining to whom copyright payments should be made.
Copyright Agency collects this type of personal information for a number of purposes including:
- collecting and distributing payment for use of copyright works;
- collecting and distributing resale royalties;
- identifying and locating rightsholders;
- confirming payment share entitlements to Copyright Agency allocations;
- assisting members to resolve disputes over entitlements to Copyright Agency allocations or resale royalties;
- providing rights management services, including supporting third party legal services which assist creators in rights management; and
- providing information on the use of copyright works to other rightsholders and licensees. ;
To whom will Copyright Agency disclose your personal information?
Copyright Agency only uses your personal information for the purposes for which it is collected and related management purposes.
Copyright Agency only discloses your personal information in limited circumstances, including the following:
- Copyright Agency may disclose the amount of your Copyright Agency payments to other rightsholders or their agents. This includes where the requesting party holds any right of copyright – for example, we may inform authors of payments made to their publishers; and publishers of payments made to authors for works for which the publisher has only the bare right to publish.
- Subject to any restrictions agreed to by Copyright Agency with the Commonwealth Government from time to time, Copyright Agency may exchange personal information with foreign collecting societies in order to distribute payments to foreign rightholders and to claim payments under foreign schemes or for foreign use.
- Copyright Agency may disclose your Copyright Agency membership and Copyright Agency licence scheme participation to its licensees and to overseas collecting societies.
- Copyright Agency may disclose your personal information to third party research companies to conduct surveys about Copyright Agency's services to you. Participation in such surveys is optional.
- Where use of your works has been identified in a survey, Copyright Agency may disclose your personal information relevant to that use and entered into our systems to licensees.
- Copyright Agency may disclose your personal information to independent auditors engaged to audit Copyright Agency's operational practices.
- Copyright Agency may be required to disclose your personal information to law enforcement bodies, or as otherwise authorised under National Privacy Principle 2. However, Copyright Agency is obliged to notify the Commonwealth Government of any subpoena, warrant or other request made by a foreign court or other foreign authority for the disclosure of personal information and may not disclose such information without the prior written consent of the Commonwealth Government.
- Copyright Agency may, in accordance with its dispute resolution process disclose the amount of your Copyright Agency payments to other rightholders in your works or to their agents, or to external mediators or experts, for the purpose of resolving or assisting in resolution of disputes between members.
- Copyright Agency may disclose personal information to third party legal services including the Arts Law Centre of Australia to assist in drafting and providing legal advice on Wills and estates for Indigenous visual artists. Where practical, consent for that disclosure shall be obtained from the relevant artist or Art Centre manager.
How does Copyright Agency store my personal information and is it secured?
Copyright Agency takes reasonable steps to ensure that your personal information is held in a secure manner. These steps include electronic access restrictions for electronic files that contain personal information, securing paper files containing personal information in locked cabinets and physical access restrictions.
Copyright Agency undertakes not to disclose your personal information in any manner that would be considered direct marketing.
Copyright Agency must obtain the consent of the Commonwealth Government for the temporary or permanent transfer of personal information of resale royalty right holders to someone who is in a foreign country.
Can I access my personal information held by Copyright Agency?
You can access your personal information as held by Copyright Agency. Please lodge your request for access with our Privacy Officer, who may be contacted directly via email@example.com. There will be no charge for lodging such a request; however a reasonable fee may be payable for providing access to your personal information. The decision in relation to access will be based upon National Privacy Principle 6. You can also ask us to correct personal information we hold about you.
Complaints and concerns
If you have any concern about how Copyright Agency treats your personal information please contact our Privacy Officer directly via firstname.lastname@example.org or write to the Privacy Officer at:
Copyright Agency|Viscopy, Level 15, 233 Castlereagh Street , SYDNEY NSW 2000