Here are some common queries about the Copyright Agency.
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We are a not-for-profit, member based organisation that has been appointed by the Australian government to manage collection and distribution of
- statutory licences that allow use of text and images for education, government purposes, and people with a disability
- royalties to artists from resales of their works (the resale royalty scheme).
We are also authorised by our members to license their works for other uses, such as by corporations.
Fair use is an American legal principle that has enabled large enterprises in the US to use copyright material for free.
Under Australian law, enterprises pay Australian writers, artists, creators, photographers and publishers to use their work, unless it’s for public interest purposes outlined in the legislation, such as reporting news or parody.
A minority of industry players want to change that, and the Productivity Commission in Canberra recently made recommendations to introduce fair use in Australia. Find out more.
We negotiate licence fees with licensees, based on the value of the use of content.
We collect information about usage by licensees that assists us to determine the value of the licence to them.
Licence fees and other licence terms can be set by the Copyright Tribunal if agreement cannot be reached by negotiation.
Since July 2012, Copyright Agency has managed Viscopy’s services.
Copyright Agency and Viscopy are both member based not-for-profit organisations.
Copyright Agency’s members include mainly writers and publishers but also extends to artist members like cartoonists, illustrators and photographers. Viscopy’s members are just visual artists artists and artists’ estates.
We refer to our joint operations as Copyright Agency | Viscopy.
We have different options allowing members to join one or both organisations, depending on what level of service they require.
The Copyright Agency has agreements with licensees, or their peak bodies, about the licence fees payable during the period of the agreement.
In most cases, this is a flat fee (e.g. per student or employee), increased by the consumer price index (CPI) during the course of the agreement.
The Copyright Agency negotiates a licence fee having regard to the likely usage of content in reliance on the licence during the period of the agreement.
We do not receive information about every single use made in reliance on a licence.
Instead, we receive information from a sample of licensees about their usage in a particular period. For the education sector, we engage an independent research company to conduct these surveys.
We also use indicative data when Copyright Agency does not receive any data about the actual use during the licence period. We allocate the licence fees to rights holders in our database whose content was available to be used by or licensees during the licence period.
If you can show that your work has been substantially used under one of our licences but you have not received payment, you may be eligible for an ex-gratia payment.
No. We monitor usage made under the licences we administer.
In some cases, we can provide assistance to Viscopy members whose copyright has been infringed.
We allocate licence fees for a period (e.g. a year) according to the content actually used, or likely to have been used, in reliance of the licence based on the data available to us.
Copyright is designed to protect the ‘economic rights’ of copyright holders. In comparison, moral rights protect the reputation and integrity of creators.
So while the Copyright Agency manages copyright, and monitors the reproduction and communication of works, it does not monitor the moral rights of its members.
As a creator, you retain your moral rights even if you do not own the copyright in your work. Moral rights can only be held by individuals, so corporate entities and organisations cannot claim moral rights in a work. Read more about Moral Rights here.
No. Membership is free.
Anyone who owns or controls rights in text or images can join Copyright Agency. Anyone who owns copyright in images can join Viscopy. We recommend you do both.
No renewal is necessary and you can opt out if you prefer.
You could also extend your membership and choose to participate so your work can be made available for the schemes we licence.
You can also choose to participate in our:
- new media licence schemes
- commercial reproduction licence schemes