Keypoints

Pursuant to the Copyright Act 1968, the NSW Government has entered into an agreement with the Copyright Agency Limited (CAL) to settle all outstanding liability for fees for reproduction and communication (ie. copying including digital copying and/or electronic transmission via Intranet and internal email) of published works by the NSW Government.

The agreement does not cover the posting of copyright material on websites or emailing such material outside of the NSW Government. These activities are only to be undertaken with the agreement of the copyright owner.

Agency payments made to CAL between 2001-02 and 2005-06 did not cover digital copying, for which agencies are also liable to pay fees to CAL. In addition, agency payments made to CAL between 2006-07 and 2008-09 were made on an interim basis pending resolution of a new agreement on the appropriate fee payable for copying and electronic transmission of published works.

In accordance with the agreement, agencies will receive an invoice from CAL requiring them to pay the following amounts:

• $3.75 per full time employee for outstanding liability for digital copying for the financial years 2001-02 to 2005-06;
• An additional $3 per full time employee per annum for outstanding liability for copying for the financial years 2006-07, 2007-08 and 2008-09; and
• $11 per full time employee for the financial year 2009-10.

CAL expects that invoices will be issued in July 2010. Payment of invoices is required within 30 days of receipt.

Agencies are obligated, under the Copyright Act 1968, to pay the fee as compensation to copyright owners for Government employees copying published works such as books, newspapers, magazines and journals

If you have any queries regarding your agency’s obligations, please refer to the Copyright Unit website at www.lawlink.nsw.gov.au/lpd (then select Copyright Unit). This site contains information to assist agencies to understand the NSW Government’s obligations under the Copyright Act and to CAL.

All other inquiries can be directed to the State Copyright Manager, NSW Department of Justice and Attorney General via email: [email protected].

Brendan O’Reilly
Director General