1. Copyright & PR Presented by John MacPhail Partner

2. What I will be covering Copyright crackdown: PR industry (and others) in the crosshairs Copyright law in Australia Collecting societies Using copyright material Liability for past acts Protecting yourself and your clients 2

3. A Crackdown “Copyright Agency is managing hundreds of copyright infringement matters in the corporate sector to the value of over $6M. Industries represented include accountancy, airline, energy, engineering, entertainment, financial services, FMCG, gambling, healthcare, legal, local government, mining, pharmaceutical, property, public relations, retail and science/technology. Copyright Agency has additional resources in place to manage copyright infringement and enforcement with new potential infringements being uncovered daily.” – The Copyright Agency 3

4. The Current Campaign Major publishers working with Copyright Agency Targeting the dissemination of newspaper, magazine and periodical articles by e-mail, and on websites (internal and external) Seeking damages and apologies (Australian Hotels Association (NSW)). 4

5. What I will be covering Copyright crackdown: PR industry (and others) in the crosshairs Copyright law in Australia Collecting societies Using copyright material Liability for past acts Protecting yourself and your clients 5

6. What it’s all about: Copyright in Australia 6 What is Copyright? The protection of the expression of original concepts and ideas (but not the ideas themselves); Gives the exclusive right to do certain things in relation to (original) works (ie. to the exclusion of other people). (Copyright Act 1968 – s31)

7. The Copyright Act in a nutshell (1) 7 Works covered by copyright (selected examples): Literary works (eg. articles, reports, media releases, NOT mere headlines); Artistic works (eg. photos, drawings, cartoons); Sound recordings Broadcasts (TV or radio)

8. The Copyright Act in a nutshell (2) 8 The exclusive right is to: reproduce in a material form (photocopy, scan, record, film, digitise, write out by hand) publish (ie. first publish); communicate the work to the public (ie. make available online or electronically transmit)

9. What this means for PR agencies 9 The following acts are breaches of copyright: 1.Scan/photocopy/re-type articles 2.Email articles (including the re-typed text of articles) 3.Tape/capture radio/TV broadcast 4.Produce and distribute broadcasts transcripts

10. The Copyright Act in a nutshell (3) 10 Moral rights additional rights held by the author. non-assignable (consent or waive only) included rights: attribution against false attribution object to derogatory treatment

11. The Copyright Act in a nutshell (4) 11 Who owns copyright? Authors Employers Journalists (certain rights) Exclusive licensees (may be able to enforce)

12. Copyright Myths 12  It’s OK to copy up to 10%  Journalists won’t mind, it gives their work greater circulation  It’s fine if you only distribute it internally  I can make as many copies as I like for my own personal use  If I don’t sell it or make a profit, I can make and distribute copies  If there’s no copyright notice or ©, it’s not protected  As long as you give a credit, it’s fine  If you change some of the wording, it isn’t infringement anymore  It was online, so it must be fair game

13. What I will be covering Copyright crackdown: PR industry (and others) in the crosshairs Copyright law in Australia Collecting societies Using copyright material Liability for past acts Protecting yourself and your clients 13

14. Who is Copyright Agency, and why are they targeting PR companies? 14

15. A Collecting Society 15

16. Collecting Societies 16 Protect copyright holders’ rights Enforce copyright Act as central clearing house Collect and distribute royalties Protect and indemnify users

17. Collecting Societies 17 Copyright Agency Ltd “COPYRIGHT AGENCY is a not for profit rights management organisation. We enable the use of text and images in return for fair payment to writers, visual artists and publishers” Collect and distribute royalties on behalf of publishers, writers and photographers. Enforce copyright against infringers.

18. What I will be covering Copyright crackdown: PR industry (and others) in the crosshairs Copyright law in Australia Collecting societies Using copyright material Liability for past acts Protecting yourself and your clients 18

19. Infringements being targeted Posting articles on your website (internal or external); Sending articles to your clients; Photocopying articles for your records 19

20. And it isn’t just you - Client use is another infringement Each of these will infringe copyright: 20 1 Clippings agency clips article 2 PR Agency creates summary and sends to client (attaching article 3 Client distributes internally 4 Client places on website, emails their customers

21. What I will be covering Copyright crackdown: PR industry (and others) in the crosshairs Copyright law in Australia Collecting societies Using copyright material Liability for past acts Protecting yourself and your clients 21

22. Limitation period Limitation period = past 6 years 22

23. Why this matters: Damages Additional (‘flagrancy’) damages Settlements Costs of any litigation What about fair dealing? 23

24. What I will be covering Copyright crackdown: PR industry (and others) in the crosshairs Copyright law in Australia Collecting societies Using copyright material Liability for past acts Protecting yourself and your clients 24

25. How to protect yourself (1) Copyright Agency licence Annual Fee or Pay Per Item Fee based on industry and number of employees Cover for ‘all publications’ (but only limited protection from owners they don’t represent). Indemnity for past infringements (up to 6 years) 25

26. How to protect yourself (2) Copyright Agency licence – Types of licences selective (internal); comprehensive (internal and external); share content with clients 26

27. How to protect yourself (3) Sample costs: Single use: NewsCorp, full text, external website, 3 months - $320 -internal website, 3 months - $280 Fairfax: $375/$275 PR Agency with 20 FTEs in Australia (external) - $2,106.50 (+ 6 year indemnity) - $5,266.25 (total) 27

28. Other options? URLs and links Negotiate directly with authors But won’t protect you from past infringements. 28

29. The Copyright Tribunal of Australia Statutory body administered by the Federal Court of Australia. Has jurisdiction to assess and review licences and royalty rates. 29

30. Questions?