PRACTICAL ASPECTS & APPLICATION OF TRANSACTIONAL COPYRIGHT LICENCING Presented by: Herman Blignaut Spoor & Fisher

RATIONALE FOR A LICENCE Section 6(a) of the Copyright Act reserves to the author the exclusive right to “reproduce a (literary) work in any manner or form” Implication: Either have to get permission from owner of rights in each instance, or alternatively obtain the necessary licence from an organisation that administers such rights collectively; e.g. DALRO

What is DALRO? Dramatic, Artistic and Literary Rights Organisation It is a copyright agency administering various aspects of copyright on behalf of authors and publishers and is South Africa’s internationally accredited Reproduction Rights Organisation (RRO) Main areas of administration are: –Reprographic reproduction rights (photocopying from published editions) –Public performance rights (stage rights) –Reproduction rights (whether for publishing or copying) in works of visual art

Where does DALRO obtain its rights to license reprographic reproduction? Through bilateral agreements with RROs in other countries, e.g. United States of America, United Kingdom, Canada, Australia, etc. Through direct mandates from South African publishers and authors

DALRO’s licensing of Reprographic Reproduction Rights The system of licensing enabled by the South African legal framework is voluntary licensing DALRO offers two types of licences: Transactional licences (a licence per item to be copied) Blanket licence (comprehensive licence)

Transactional Licence One-off licence Reproduction-, item- and purpose-specific, e.g. the making of 355 copies of an article of 15 pages from the South African Journal of Economics for an Economics I module in a particular year Upfront application for authorisation against payment of a calculated reproduction right royalty No licensable reproduction, or other forms of licensable dissemination, may take place before the necessary transactional licences have been obtained

Course packs or readers, i.e. compilation works containing extracts from a variety of published sources, distributed to students; Single Item Handouts, i.e. journal or magazine articles, or extracts from books Transient (for the duration of the course or module) electronic copies for posting on any of the Institution’s password-protected, secure internal networks, for instance on an electronic library platform like Web-CT What is licensable by an HE institution?

What is licensable? (continued) Placing of copies (single items and/or compilation works) in the library’s short loan section (reserve shelf) for on-copying by students Making materials available on CD-ROM for distance learners

Extent of Copying authorised by DALRO without referral From a book, a maximum of one chapter if the book is divided into chapters, or approximately 10% if there is no chapter division; From a journal or magazine, the complete article (one or more) required; From a collection of law reports or statutes, the complete report or statute (one or more) required; From an anthology or volume of short stories or poetry, the complete short story or the complete poem

How should Transactional Licences be applied for? Pertaining to the various forms of reproduction, or alternative forms of dissemination, the number of items to be applied for is as follows: For each item to be distributed to students as part of a course pack, or single handout, the number of course packs or single handouts to be made. For each item to be posted on the Institution’s password-protected, secure internal networks, the number of students enrolled for the specific course or module, in other words, the potential reproduction of the transient electronic copy to be made For each item to be placed on reserve in the library’s short loan section in copied form (not original published editions!) for possible (or recommended) on-copying by students, the number of students enrolled for the specific course or module, in other words, the potential reproduction of the reserve shelf copy(ies) to be placed.

Information Required In addition to the information relative to the reproduction (number of pages, and number of copies of those pages), the application to DALRO should contain full bibliographical details: Title of the publication, i.e. book, journal, magazine etc. Title of the article, if reproduction is from a journal or magazine, ISBN of book, or ISSN of journal/magazine; Author(s)/Editor(s) of the book or author(s) of the article

Blanket Licence Umbrella licence (comprehensive licence) preferred by some institutions as a risk management tool Authorises reproduction in advance, but requires retrospective reporting on copying Payment is based on a fixed fee per Full-time Equivalent Student (FTES)

Plagiarism To be distinguished from copyright infringement Often referred to as literary fraud, it means the passing off another author’s work as your own Not acknowledging source / giving credit (academic “crime” / theft) Not dependent on duration of copyright subsistence in a work

QUESTIONS?