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ELIGIBILITY
FULL MEMBERSHIP
STATUTORY RIGHTS MEMBERSHIP
STATUTORY RIGHTS AGENCY MEMBERSHIP
ROYALTIES AND PAYMENTS
FAQ

MEMBERSHIP IS FREE - YOU RETAIN CONTROL

On joining, as the copyright owner you enter into an agreement that indicates which rights VISCOPY will administer on your behalf. VISCOPY is appointed as the exclusive agent of its member artists and artists estates and affiliates throughout the world.

VISCOPY protects members' rights against piracy, illicit use and copyright infringement by monitoring the use of works.

Acting on your behalf, VISCOPY provides services to those who wish to secure permission to reproduce art works in printed and electronic media, as well as products based on an artist's work with a one-step clearing house for the rights and permissions.

Artists and copyright owners in artistic works join VISCOPY so that we can act on their behalf to negotiate intellectual property transactions between the artist and the user. These transactions generally comprise of a licence to reproduce artistic work in advertising, publications, newspapers and electronic media such as television, cinema, internet and CDROM. VISCOPY also handles associated contracts, negotiations, legal requirements and distribution of royalties.

VISCOPY collects fees and distributes royalties to you every six months. VISCOPY's administration fee (currently 25% of gross) is deducted at the point of distribution of royalties to members. This fee is tax-deductible, thereby ensuring 100% of income earned is returned to the copyright holder.

Distribution of royalties occurs twice yearly, in February and August.

MEMBERS INCLUDE

VISCOPY has a wide range of artist members including -
Painters
Sculptors
Illustrators
Cartoonists
Photographers
Video artists
Printmakers
Architects
Designers
Glass artists
Ceramicists
Digital artists
Furniture designers
Performance artists
Animators
Jewellery designers
Installation artists
Textile artists
Multimedia artists

ELIGIBILITY

To be eligible for membership of VISCOPY you must be a visual creator or their agent, or in some other way own or control visual art copyright. For example, as the executor or beneficiary of an estate of a deceased artist.

It's also important to note that, given the reciprocal agreements VISCOPY has with other visual arts societies throughout the world, that you can only be a member of one such society at a time. For example, as an Australasian resident you would not need to join the French society ADAGP. Royalties generated internationally automatically flow back to VISCOPY, and thence to the copyright holder.

TYPES OF MEMBERSHIP

VISCOPY has several types of membership to accommodate various industry needs. This reflects the two major sources of royalties from primary rights and statutory (secondary) rights.

FULL MEMBERSHIP

Full membership is available for visual creators and copyright owners in artistic works for representation of both primary and secondary rights.

STATUTORY RIGHTS MEMBERSHIP

If you join VISCOPY as a statutory rights member, we only act on your behalf for the collection and distribution of royalties generated by educational and government copying. If your work is identified as having been copied by an educational institution via their survey practices, VISCOPY will claim this royalty on your behalf and distribute it to you. VISCOPY also collect and distribute statutory rights royalties from our international affiliates. As a Statutory Rights Member VISCOPY would not act on your behalf for primary rights licensing.

STATUTORY RIGHTS AGENCY MEMBERSHIP

VISCOPY can act on behalf of another agent in the collection and distribution of secondary rights royalties. Agents may include photolibraries or Aboriginal arts communities.

ROYALTY AND PAYMENTS

VISCOPY issues an invoice for every copyright permission licence granted. This licence is not valid until the fee has been paid. All fees are charged as per the VISCOPY fee tariffs which apply to the Australian market.
Royalties are distributed twice a year to members whose works have been licensed within that six month period. A statement accompanies payment with details of the permission granted, fees paid and associated deductions (Administration Fee).

FAQ

What is an exclusive licence?
An exclusive licence means that: You remain the copyright owner and VISCOPY acts on your behalf in all copyright matters.

This ensures VISCOPY can provide an efficient service and you can keep track of legitimate uses of your work and also receive income.

The licence does not stop you or your gallery from selling the rights to use a 'transparency' of the work. The right to access a transparency is separate from the right to use the copyright in the image. Whenever you or your gallery 'loan' a transparency to a user, please contact VISCOPY so that we can licence the copyright of the work.

What does 'royalty free' & 'worldwide' mean?
Royalty free means that VISCOPY licenses works on the quantity printed or manufactured not on what is sold which is often paid as a 'royalty of sale'. If the item to be produced is merchandise such as a calendar or book the copyright fee paid by the user is calculated as a percentage of the retail or wholesale price.

'World wide' means that VISCOPY can licence into any territory, for instance if a calendar, book or magazine may be distributed to another country. If the production of the work is to occur in another country (other than New Zealand), a VISCOPY affiliated society in that country will licence the work.

What is the Administration Fee?
The Administration Fee is the fee VISCOPY charges for its services, it is currently 25%. It is factored into the copyright fee charged to the user and is deducted at the point of distribution.

Can I terminate my Membership at any time?
A Member may give written notice to the Board to terminate membership on a proposed date, the period of notice being no less than 6 months prior to the proposed date of termination. At this time all rights, privileges and obligations of membership shall cease and VISCOPY can no longer represent you. Any royalties due to you will be paid in the following distribution.

What uses of my work will VISCOPY license?
VISCOPY will license your work according to the Australian Copyright Act 1968 for various uses.

For example:
Publishing: books, postcards, posters, educational books and study packs, catalogues and other products.
Digital use: CD ROMs, internet, intranet, digital publishing.
Newspapers/magazines: Notwithstanding 'Fair Dealing' provisions of the Act, VISCOPY will licence for all uses in this context, including 'background' reproductions.

Film, Television, Theatre : All uses for film, television and theatre other than those under the 'Fair Dealing' provisions. We also license for 'décor', for example, a work used as part of a set or stage design.

What is 'Fair Dealing'?
'Fair Dealing' is a provision under the Act that allows for the reproduction or use of your copyright for the purposes of:
" Reporting the news
" Review and criticism, and private study purposes.

If someone reproduces your work for these purposes they have a Moral Rights obligation to attribute you as the "author" of the work.

What are some of the exceptions for visual arts users?
Promotion is important to an artist and their gallery, therefore the following uses would generally be unlicensed by VISCOPY unless directed by the copyright owner to license the work.

1. First sale of work
As in any promotion associated with an exhibition of your work in a commercial or artist-run gallery, this could include:

• Advertising the exhibition
  

• Promotion of the exhibition in magazines, newspapers, art journals or internet. However you must ensure that your work is properly credited in order to prevent infringements of the work.
  

• Self-published book or gallery published monograph of your work or group presentation of works related to an exhibition or gallery.
  

This does not include:
When your work is sold for the second or subsequent time via an auction house or art dealer. As the artist you receive no proceeds from the re-sale of the work. Whilst some may see this as 'promotion' of the artist, this is not the common view of artists or their estates who prefer to exercise their copyright and be paid.

Reproduction of your work for promotion of 're-sale' would be licensed. For example the major Auction Houses pay licence fees to reproduce works in Auction Catalogues.

Remember, copyright protects creators and copyright owners from free exploitation of the work. It is time for artists to assert their moral and economic rights.