Premier & Cabinet

Type:
Department of Premier and Cabinet Circular
Identifier:
C2015-02
Status:
Archived

C2015-02- Payment of fees for use of copyright material

Description

Key points

  • The NSW Government is currently negotiating a new remuneration agreement with the Copyright Agency. NSW agencies will not receive invoices from the Copyright Agency until this new agreement is executed and fees are agreed. Once a new agreement has been executed, agencies will be informed about invoicing. 
  • Agencies will continue to receive annual invoices from Screenrights and the Australasian Performing Right Association (APRA) (if they have chosen to participate in the APRA agreement) until further notice.
  • Under the Copyright Act 1968 (Cth), the NSW Government must carry out sampling surveys to estimate government copying of copyright works and broadcasts.
  • All staff, when requested by the State Copyright Manager or other authorised NSW Government employees, must complete the copyright sampling surveys regardless of whether they make any copies of copyright material.

Detailed Outline

Requirement to pay fees to copyright holders

  • The NSW Government must pay fees to copyright holders for Government use of copyright works, radio and television broadcasts. This obligation is set out in the Copyright Act 1968 (Cth). NSW has entered into agreements with the Copyright Agency and Screenrights to pay these fees.
  • These agreements do not cover posting the copyright work of others on websites, or emailing works of others to people external to NSW Government. NSW Government policy is that this should only be done with the agreement of the copyright owner.

Remuneration agreements

  • The NSW Government's remuneration agreement with the Copyright Agency expired on 30 June 2012. This agreement covered copying of literary and artistic works (e.g. books, images). The NSW Government is currently negotiating a new remuneration agreement. NSW agencies will therefore not receive invoices for the period from 1 July 2012 until further notice from the State Copyright Manager.
  • The remuneration agreement between NSW and Screenrights is current until 30 June 2015. This agreement covers radio and television broadcasts. Negotiations to renew the agreement, and determine the rates to be paid, will commence on expiration in 2015. Agencies will continue to receive annual invoices from Screenrights. 
  • NSW has also executed an agreement with the Australasian Performing Right Association (APRA). This is an ongoing agreement, covering the public performance of music. Those agencies which have opted to participate in NSW’s agreement with APRA will continue to receive invoices annually.

Sampling surveys

  • Under the Copyright Act 1968 (Cth), the copyright fees that NSW must pay to the Copyright Agency and Screenrights are based on the results of sampling surveys that estimate the volume of government copying. 
  • To ensure accurate data is received, agencies and staff are required to complete sampling surveys when requested by the State Copyright Manager or other authorised NSW Government employees. Staff need to complete the survey whether or not they make any copies. The surveys may vary in form and detail and may contain multiple phases. All surveys are online and are designed to be user friendly.
  • Managers are asked to assist the State Copyright Manager in conducting the surveys by:
    1. encouraging staff in their agencies to promptly and accurately complete the surveys and providing staff with the necessary time and resources (including computer access) to do so;
    2. providing additional assistance to the State Copyright Manager upon request, such as providing the State Copyright Manager with information and contact details and facilitating the circulation of surveys to staff. 

Overview

Who needs to know and/or comply with this?

Departments
Executive agencies related to Departments
Advisory Entities (including Boards and Committees)
Separate agencies
Statutory Authorities/Bodies

Compliance

Mandatory

AR Details

Date Issued
Jun 23, 2015
Review Date
Jun 23, 2020
Replaces
Replaced By

Contacts

Contact
Contact us
Phone
02 9228 5555
Publishing Entity
Department of Premier and Cabinet
Issuing Entity
Department of Premier and Cabinet