PRIA RCG NSW Event
Copyright Fiction, Facts and Tools
Thursday, 21st Aug 2014
Presenters: Ross McCaul and Suzanne Hall
1. Copyright Agency Strategy
2. Copyright law facts, myths and misconceptions
3. Copyright licences
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Press Clips
RightsPortal licences
Blanket licences
4. Key areas to address
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Reporting & Administration
Double dipping
Who is Copyright Agency?
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More than 26,000 members
Traditional creators: Publishers, Authors, Journalists, Visual artists
Non traditional copyright owners: Corporate, Charities, Gov, Local Government
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Representing the reproduction and communication of literary works including:
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Books
Magazines
Journals
Maps & Plans
Websites
Newspapers
Newswires
Plans
Letters
Reviews
Annual Reports
Just some of our publisher members.......a WORLD of information
PRIA RCG and Copyright Agency Partnership
• National Agreement with PRIA RCG and Copyright Agency signed in June 2014
• Many benefits to RCG members
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10% discount to PRIA RCGs for Copyright licences and renewals
Self-regulation for Copyright infringement
Client reference guide NEW! Launching at this event!
Once licensee thresholds are met, rebates to PRIA RCG to fund initiatives
Once licensee thresholds are met, discounts for PRIA RCG clients
Copyright training events
SECTION 1. COPYRIGHT AGENCY STRATEGY &
METHOD
Collecting Society Method – IFFRO template
A. Licensing
B. Education
C. Enforcement
Copyright Agency Strategy
• Design and administer copyright schemes and licence
products
• Education & awareness on copyright
• Promote copyright compliance
• Managing infringement evidence
Copyright Licensing in Australia
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Copyright Agency licenses over
1,500 businesses in
Australia....and growing
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Associations & training bodies
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All of Federal & State Government
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Every University, School & TAFE
PRIA timeline
• 2007 CAL first engaged with PRIA
– Began to attend the national conference
– Designed a PR licence
• Since then we have done w PRIA:
– 5 national conferences as exhibitor
– 8 copyright seminars
– 2 webinars
• 2013 began acting on evidence of infringement
Copyright infringement
• A total of 13 PR Agencies were contacted regarding infringement of
copyright in 2013/2014
• Number of articles found varied from one article to more than 100
• Self-regulation was successfully trialled for RCG members in February
2014
• Total infringement/licence fees in lieu of infringement was just less
than $100K
Other practitioner & industry channels
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IABC
RMIA – Risk managers
ACI – Compliance managers
ALIA – Informational professionals & librarians
Chartered Secretaries
ACLA – in-house lawyers
Law Society NSW
ARCS – clinicial researchers
LGMA – Local Government
Comparative Analysis
• UK & Europe w PR Agencies
– Higher compliance
• Marriage Celebrants
• Funeral Directors
Every 12 months
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50 training sessions
40 individual presentations
9 conferences
14 copyright seminars/webinars
• Development of web and other resources
• Awareness & education campaigns
National print press campaign – started in July
2013
If your staf attaches a newspaper article or other published content and
emails it to a colleague it could be an infringement of copyright without
the right licence. Especially if forwarded to a client.
The Australian Copyright Act is Federal Legislation and is infringed
thousands of times a day by employees downloading, emailing,
and sharing copyright protected material without the right
copyright licence.
Visit rightsportal.com.au or ring the Copyright
Agency 1800 066 844, for a copyright licence
quote tocover your business.
Visit rightsportal.com.au or ring the Copyright
Agency 1800 066 844, for a copyright licence
quote tocover your business.
SECTION 2. COPYRIGHT CONCEPTS
& TIPS
Copyright Myths and Misconceptions
Common copyright questions from PR
professionals
Common question
Copyright Answer
I wrote a press release that was picked up by
dozens of newspapers, why do I need to pay a
copyright fee to share the published articles
when it is my work?’
When an article is published by a paper online
or in print, the copyright is usually owned by
the publisher
I have a Press Clipper licence, and pay a
copyright agency fee. It enables me to share
articles with clients, right?
The fee paid to the Copyright Agency enables
the press clipper to provide the article to your
agency. It does not provide your agency with
external sharing rights.
Can I post a news story to social media under
licence from Copyright Agency?
Yes and no, you can link to a licenced article on
your public website, but you cannot share an
article or other copyright works to social media
without permission from the owner.
Copyright – The Facts
© Copyright Agency 2011
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Copyright is set out in the Copyright Act 1968, which is
federal legislation
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Copyright protects a range of material, including things
such as text, images, maps, plans, music, recordings,
broadcasts and footage
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Copyright protection is automatic – when something’s
created, it’s protected whether or not it’s in draft form or
published
Key concepts in the Copyright Act
‘reproduce’: making any type of copy – including, for example, by hand copying, photocopying,
recording, scanning and photographing
‘communicate’: either transmitting copyright material (for example, by email or fax) or by making it
available online (for example, on the internet or on internal servers such as intranets)
 active communication – email, sharing articles with colleagues
 passive communication – post to intranet or website
‘substantial part’: copyright owners usually have rights not only over when all of their work is used,
but also over parts that are distinctive, important or essential – even if these parts are
comparatively small
‘moral rights’: include the right of attribution, the right to have a work published anonymously or
pseudonymously, and the right to the integrity of the work
© Copyright Agency 2011
Other key copyright elements
• Statute of limitations – 6 years (Australia)
• Copyright liability is strict and does not excuse good
intentions or ignorance.
• Enduring rights
• Implied licence
© Copyright Agency 2011
Copyright Tips
• Know the rules
– Audit of your content T&C’s
– Copyright training
– Courses with Copyright Council
– Q&A w Copyright agency
• Sending links
• Seek permission from copyright owner
• Highlight copyright charges in client costing
Q&A
SECTION 2. COPYRIGHT LICENSES
A. Press Clips
B. RightsPortal licences
C. Blanket licences
News content supply chain
A. Press Clip licences
Press Clips licences - summary
• Media Monitoring services:
– iSentia
– AAP
• A copyright fee is applicable to each clip
• Ease of use – fee is embedded into the service account
• Grant of rights limited
Clip supply chain
B. Pay-per-use licences
Pay-per-use overview
• Single grant of rights for one-off use
• Instant purchase online, RightsPortal
• http://rightsportal.copyright.com.au/
• Australian News & magazine content
• Convenient for occasional use
• Expensive for multiple or common uses
Online form to register the
article, and select rights from a
range of options
Choose publication title from a
list of participating mastheads
The online form allows flexible
options to combine your article
and rights selections
Traditional shopping
cart functionality prior
to payment
RightsPortal can be
integrated onto the
publisher’s digital
interface
When clicked, the licensing
window opens up,
automatically populating the
form with the article metadata
C. Annual blanket licences
Annual blanket licences - summary
ContentAccess for PR
• Grants a wide bundle of rights
• Applies over a 12 month period
• Two components for PR firms:
A. Cover your staff activity
B. Cover communication to/from clients
• Provides flexibility and value
• AFR Publications digital rights now available
ContentAccess licence for PR
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Cover your staff activity
• For quote see
RightsPortal.com.au –
Selective or Comprehensive
cover
• E.g. - 15 person agency pays
$1239 + GST per year for
comprehensive cover
B. Choose your client sharing rates
News rates per Client not
incl. GST
Occasional: $13.38 per Client
per Licence Month (excluding
AFR Publications) or $15.52
(including AFR Publications)
Light: $25.73 per Client per
Licence Month (excluding
AFR Publications) or $29.85
(including AFR Publications)
Medium: $51.45 per Client
per Licence Month (excluding
AFR Publications) or $59.68
(including AFR Publications)
Heavy: $92.61 per Client per
Licence Month (excluding
AFR Publications) or $107.43
(including AFR Publications)
Heavier: $128.63 per Client
per Licence Month (excluding
AFR Publications) or $149.21
(including AFR Publications)
Maximum Newspaper
Articles (excluding
AFR Publications) per
Licence Month
Up to 10 Newspaper
Articles per Client
Up to 25 Newspaper
Articles per Client
Up to 60 Newspaper
Articles per Client
Up to 130 Newspaper
Articles per Client
Up to 250 Newspaper
Articles per Client
Maximum AFR
Publication
Articles per
Licence Month
Up to 2 AFR
Publication
Articles per
Client
Up to 4 AFR
Publication
Articles per
Client
Up to 10 AFR
Publication
Articles per
Client
Up to 21 AFR
Publication
Articles per
Client
Up to 40 AFR
Publication
Articles per
Client
Q&A
SECTION 3. KEY AREAS
Administration & reporting
ContentAccess for PR licence
Internal copying and sharing
– No records need to be kept for internal activity between staff
– We do need survey data every few years to assist with royalty
distribution
– For this we use proxy data sets (DPC)
Administration & reporting
ContentAccess for PR licence
External copying and sharing
• A record of articles sent externally to clients must be kept
 To effectively monitor contractual limits
 As distribution data to assist payment to publishers
• The method can be flexible
 Emails – 60% to 100% of activity
 Web posting if purchased that right
 Other – Reports & presentations
 Maintaining emails in sent items folder
• Reported annually
Double dipping
• Content purchases have a clear distinction
I. Cost of the content or content service
II. The rights inherited with that purchase
III. The other rights not included
iSentia example
• 85% to 91% of monthly iSentia bill is their service charges
• 9% to 15% of the bill will be copyright charges
1. Copy & communicate (6% to 10%) = $1.26 per clip
• This is iSentia’s charge passed on
2. Downstream (3% to 5%) = $0.49 per clip
• This is the internal communication right the client (you) pay
• If you have a ContentAccess licence Downstream does not get charged
Clip supply chain
Press Clipper v Copyright Licence Rights
Q&A