PRIA RCG NSW EventCopyright Fiction, Facts and ToolsThursday, 21st Aug 2014Presenters: Ross McCaul and Suzanne Hall

1. Copyright Agency Strategy 2. Copyright law facts, myths and

misconceptions3. Copyright licences

Press Clips RightsPortal licences Blanket licences

4. Key areas to address Reporting & Administration Double dipping

Who is Copyright Agency?

• More than 26,000 members • Traditional creators: Publishers, Authors, Journalists, Visual artists • Non traditional copyright owners: Corporate, Charities, Gov, Local Government

• Representing the reproduction and communication of literary works including:– 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– 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

• Copyright Agency licenses over 1,500 businesses in Australia....and growing

• Associations & training bodies

• All of Federal & State Government

• 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

• 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

• 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

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 is set out in the Copyright Act 1968, which is federal legislation

• Copyright protects a range of material, including things such as text, images, maps, plans, music, recordings, broadcasts and footage

• Copyright protection is automatic – when something’s created, it’s protected whether or not it’s in draft form or published

© Copyright Agency 2011

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 ClipsB. RightsPortal licencesC. 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 activityB. Cover communication to/from clients

• Provides flexibility and value • AFR Publications digital rights now

available

ContentAccess licence for PRA. 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

News rates per Client not incl. GST

Maximum Newspaper Articles (excluding AFR Publications) per Licence Month

Maximum AFR Publication Articles per Licence Month

Occasional: $13.38 per Client per Licence Month (excluding AFR Publications) or $15.52 (including AFR Publications)

Up to 10 Newspaper Articles per Client

Up to 2 AFR Publication Articles per Client

Light: $25.73 per Client per Licence Month (excluding AFR Publications) or $29.85 (including AFR Publications)

Up to 25 Newspaper Articles per Client

Up to 4 AFR Publication Articles per Client

Medium: $51.45 per Client per Licence Month (excluding AFR Publications) or $59.68 (including AFR Publications)

Up to 60 Newspaper Articles per Client

Up to 10 AFR Publication Articles per Client

Heavy: $92.61 per Client per Licence Month (excluding AFR Publications) or $107.43 (including AFR Publications)

Up to 130 Newspaper Articles per Client

Up to 21 AFR Publication Articles per Client

Heavier: $128.63 per Client per Licence Month (excluding AFR Publications) or $149.21 (including AFR Publications)

Up to 250 Newspaper Articles per Client

Up to 40 AFR Publication Articles per Client

B. Choose your client sharing rates

Q&A

SECTION 3. KEY AREAS

Administration & reporting

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)

ContentAccess for PR licence

Administration & reporting

External copying and sharing• A record of articles sent externally to clients

must be kept To effectively monitor contractual limitsAs distribution data to assist payment to publishers

• The method can be flexible Emails – 60% to 100% of activity Web posting if purchased that rightOther – Reports & presentationsMaintaining emails in sent items folder

• Reported annually

ContentAccess for PR licence

Double dipping

• Content purchases have a clear distinction I. Cost of the content or content serviceII. The rights inherited with that purchaseIII. 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 charges1. 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