1. PRIA RCG NSW Event Copyright Fiction, Facts and Tools Thursday, 21 st Aug 2014 Presenters: Ross McCaul and Suzanne Hall

2. 1.Copyright Agency Strategy 2.Copyright law facts, myths and misconceptions 3.Copyright licences  Press Clips  RightsPortal licences  Blanket licences 4.Key areas to address  Reporting & Administration  Double dipping

3. Who is Copyright Agency? More than 26,000 members Traditional creators: Publishers, Authors, Journalists, Visual artists Non traditional copyright owners: Corporate, Charities, Gov, Local Government Representing the reproduction and communication of literary works including: –Books –Magazines –Journals –Maps & Plans –Websites –Newspapers –Newswires –Plans –Letters –Reviews –Annual Reports

4. Just some of our publisher members.......a WORLD of information

5. PRIA RCG and Copyright Agency Partnership National Agreement with PRIA RCG and Copyright Agency signed in June 2014 Many benefits to RCG members –10% discount to PRIA RCGs for Copyright licences and renewals –Self-regulation for Copyright infringement –Client reference guide NEW! Launching at this event! –Once licensee thresholds are met, rebates to PRIA RCG to fund initiatives –Once licensee thresholds are met, discounts for PRIA RCG clients –Copyright training events

6. SECTION 1. COPYRIGHT AGENCY STRATEGY & METHOD

7. Collecting Society Method – IFFRO template A.Licensing B.Education C.Enforcement

8. Copyright Agency Strategy Design and administer copyright schemes and licence products Education & awareness on copyright Promote copyright compliance Managing infringement evidence

9. Copyright Licensing in Australia Copyright Agency licenses over 1,500 businesses in Australia....and growing Associations & training bodies All of Federal & State Government Every University, School & TAFE

10. PRIA timeline 2007 CAL first engaged with PRIA –Began to attend the national conference –Designed a PR licence Since then we have done w PRIA: –5 national conferences as exhibitor – 8 copyright seminars –2 webinars 2013 began acting on evidence of infringement

11. Copyright infringement A total of 13 PR Agencies were contacted regarding infringement of copyright in 2013/2014 Number of articles found varied from one article to more than 100 Self-regulation was successfully trialled for RCG members in February 2014 Total infringement/licence fees in lieu of infringement was just less than $100K

12. Other practitioner & industry channels IABC RMIA – Risk managers ACI – Compliance managers ALIA – Informational professionals & librarians Chartered Secretaries ACLA – in-house lawyers Law Society NSW ARCS – clinicial researchers LGMA – Local Government

13. Comparative Analysis UK & Europe w PR Agencies –Higher compliance Marriage Celebrants Funeral Directors

14. Every 12 months 50 training sessions 40 individual presentations 9 conferences 14 copyright seminars/webinars Development of web and other resources Awareness & education campaigns

15. National print press campaign – started in July 2013

16. SECTION 2. COPYRIGHT CONCEPTS & TIPS

17. Copyright Myths and Misconceptions

18. Common copyright questions from PR professionals Common questionCopyright Answer I wrote a press release that was picked up by dozens of newspapers, why do I need to pay a copyright fee to share the published articles when it is my work?’ When an article is published by a paper online or in print, the copyright is usually owned by the publisher I have a Press Clipper licence, and pay a copyright agency fee. It enables me to share articles with clients, right? The fee paid to the Copyright Agency enables the press clipper to provide the article to your agency. It does not provide your agency with external sharing rights. Can I post a news story to social media under licence from Copyright Agency? Yes and no, you can link to a licenced article on your public website, but you cannot share an article or other copyright works to social media without permission from the owner.

19. Copyright – The Facts Copyright is set out in the Copyright Act 1968, which is federal legislation Copyright protects a range of material, including things such as text, images, maps, plans, music, recordings, broadcasts and footage Copyright protection is automatic – when something’s created, it’s protected whether or not it’s in draft form or published © Copyright Agency 2011

20. Key concepts in the Copyright Act ‘reproduce’: making any type of copy – including, for example, by hand copying, photocopying, recording, scanning and photographing ‘communicate’: either transmitting copyright material (for example, by email or fax) or by making it available online (for example, on the internet or on internal servers such as intranets)  active communication – email, sharing articles with colleagues  passive communication – post to intranet or website ‘substantial part’: copyright owners usually have rights not only over when all of their work is used, but also over parts that are distinctive, important or essential – even if these parts are comparatively small ‘moral rights’: include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work © Copyright Agency 2011

21. Other key copyright elements Statute of limitations – 6 years (Australia) Copyright liability is strict and does not excuse good intentions or ignorance. Enduring rights Implied licence © Copyright Agency 2011

22. Copyright Tips Know the rules –Audit of your content T&C’s –Copyright training –Courses with Copyright Council –Q&A w Copyright agency Sending links Seek permission from copyright owner Highlight copyright charges in client costing

23. Q&A

24. SECTION 2. COPYRIGHT LICENSES A.Press Clips B.RightsPortal licences C.Blanket licences

25. News content supply chain

26. A. Press Clip licences

27. Press Clips licences - summary Media Monitoring services: –iSentia –AAP A copyright fee is applicable to each clip Ease of use – fee is embedded into the service account Grant of rights limited

28. Clip supply chain

29. B. Pay-per-use licences

30. Pay-per-use overview Single grant of rights for one-off use Instant purchase online, RightsPortal http://rightsportal.copyright.com.au/http://rightsportal.copyright.com.au/ Australian News & magazine content Convenient for occasional use Expensive for multiple or common uses

31. Online form to register the article, and select rights from a range of options

32. Choose publication title from a list of participating mastheads

33. The online form allows flexible options to combine your article and rights selections

34. Traditional shopping cart functionality prior to payment

35. RightsPortal can be integrated onto the publisher’s digital interface

36. When clicked, the licensing window opens up, automatically populating the form with the article metadata

37. C. Annual blanket licences

38. Annual blanket licences - summary ContentAccess for PR Grants a wide bundle of rights Applies over a 12 month period Two components for PR firms: A.Cover your staff activity B.Cover communication to/from clients Provides flexibility and value AFR Publications digital rights now available

39. ContentAccess licence for PR A.Cover your staff activity For quote see RightsPortal.com.au – Selective or Comprehensive cover E.g. - 15 person agency pays $1239 + GST per year for comprehensive cover News rates per Client not incl. GST Maximum Newspaper Articles (excluding AFR Publications) per Licence Month Maximum AFR Publication Articles per Licence Month Occasional: $13.38 per Client per Licence Month (excluding AFR Publications) or $15.52 (including AFR Publications) Up to 10 Newspaper Articles per Client Up to 2 AFR Publication Articles per Client Light: $25.73 per Client per Licence Month (excluding AFR Publications) or $29.85 (including AFR Publications) Up to 25 Newspaper Articles per Client Up to 4 AFR Publication Articles per Client Medium: $51.45 per Client per Licence Month (excluding AFR Publications) or $59.68 (including AFR Publications) Up to 60 Newspaper Articles per Client Up to 10 AFR Publication Articles per Client Heavy: $92.61 per Client per Licence Month (excluding AFR Publications) or $107.43 (including AFR Publications) Up to 130 Newspaper Articles per Client Up to 21 AFR Publication Articles per Client Heavier: $128.63 per Client per Licence Month (excluding AFR Publications) or $149.21 (including AFR Publications) Up to 250 Newspaper Articles per Client Up to 40 AFR Publication Articles per Client B. Choose your client sharing rates

40. Q&A

41. SECTION 3. KEY AREAS

42. Administration & reporting Internal copying and sharing –No records need to be kept for internal activity between staff –We do need survey data every few years to assist with royalty distribution –For this we use proxy data sets (DPC) ContentAccess for PR licence

43. Administration & reporting External copying and sharing A record of articles sent externally to clients must be kept  To effectively monitor contractual limits  As distribution data to assist payment to publishers The method can be flexible  Emails – 60% to 100% of activity  Web posting if purchased that right  Other – Reports & presentations  Maintaining emails in sent items folder Reported annually ContentAccess for PR licence

44. Double dipping Content purchases have a clear distinction I.Cost of the content or content service II.The rights inherited with that purchase III.The other rights not included

45. iSentia example 85% to 91% of monthly iSentia bill is their service charges 9% to 15% of the bill will be copyright charges 1.Copy & communicate (6% to 10%) = $1.26 per clip This is iSentia’s charge passed on 2.Downstream (3% to 5%) = $0.49 per clip This is the internal communication right the client (you) pay If you have a ContentAccess licence Downstream does not get charged

46. Clip supply chain

47. Press Clipper v Copyright Licence Rights

48. Q&A