COPYRIGHT LICENSING — THE INTERNATIONAL SCENE
Date | 01 March 1988 |
Pages | 43-51 |
DOI | https://doi.org/10.1108/eb054910 |
Published date | 01 March 1988 |
Author | Janet Shuter |
Subject Matter | Library & information science |
COPYRIGHT LICENSING -
THE INTERNATIONAL SCENE
by Janet Shuter
IFRRO is the central forum for information exchange and mutual action for
organisations concerned with reproduction rights for copyright materials. More than
45 national and international organisations from 19 countries participate.
Originating in the IPA/STM Working Group on Copyright Collecting Societies, IFRRO
was formed in 1984, with the aims of serving as an international forum, promoting
public awareness, facilitating the development of international relationships between
rights organisations, and especially the promotion of bilateral agreements for copyright
licensing.
A Declaration on Co-operation for the Establishment of New Reproduction
Rights Organisations was adopted at IFRRO 11 in May 1986:
We hereby declare our intent to encourage any joint attempt by authors and publishers in any nation
to establish national collecting societies in the field of reprography We are ready to offer co-operation
to this establishment in a positive spirit
The term "reproductive rights organisation" was coined to cover both collecting
societies and associations representing copyright interests, and to cover the activities
of organisations concerned with both reprography and other technologies.
Australia
The Australian Society of Authors, the Australian Book Publishers' Association and
the Australian Copyright Council sponsored the incorporation of the Copyright Agency
Limited (CAL) in 1974, as a company limited by guarantee. CAL's principal objects
are to act as agent of copyright owners for certain of their rights, and in particular
to enter into arrangements with users of copyright for the payament of fees for the
exploitation of copyright for which CAL is agent.
The Copyright Amendment Act of 1980 came into force in August 1981, creating
a statutory licence for the copying of works in educational institutions. CAL engaged
successfully in litigation with these, making clear the institutions' responsibilities
regarding photocopying machines. More recently it has been similarly successful in
disputes over sections of the amended Copyright Act.
The statutory licence to copy provides for "equitable remuneration" to copyright
owners, if they make a claim, for certain multiple copying done in educational
institutions for teaching purposes. All educational institutions are required to keep
a detailed record of all such copying. Copyright owners — or in practice their agent,
CAL — must then go to the educational institution to inspect and copy the data in
the records. CAL then processes the records in order to make a claim for equitable
remuneration for each recorded instance of copying from those works for which CAL
has been appointed agent by the copyright owner.
In 1984 CAL made an application to the Copyright Tribunal to determine what was
"equitable remuneration". In March 1985 the Tribunal decided that the amount should
be two cents per copy page. Educational institutions are currently (late 1987) disputing
the fee for copying from journals, and for some copying for external students. 43
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