MEMBERS
- Advocacy
WHAT WE'RE DOING
WHAT WE'VE DONE
WHAT WE'RE DOING
LEGISLATIVE AMENDMENTS
VISCOPY seeks a number of amendments to the Copyright Act 1968 (Cth)
to improve visual artists' rights in the digital environment; and
also to remove old provisions that unfairly discriminate against
visual artists.
Artists need to be aware of how changes in legislation will affect
their ability to earn a living from their creativity.
Stay informed, be active.
 DIGITAL
AGENDA
The government has initiated its three-year review of the operations
of the Digital Agenda provisions of the Copyright Act. VISCOPY will
contribute to this review process on behalf of copyright owners
in artistic works.
FAIR
DEALING
Like other copyright owners, our greatest concerns about the current
legislation relate to the so-called 'Fair Dealing' provisions. The
answer in licensing works is not to erode one group of copyright
owners' rights by saying you can have free use in certain cases,
but to assist both the copyright owners and users. VISCOPY is trying
to do this via collective representation and licensing.
SCULPTURES
AND CRAFT WORK ON PERMANENT PUBLIC DISPLAY
Section 65 of the Copyright Act allows a two dimensional reproduction
(such as a photograph or drawing) of a sculpture or craftwork which
is on permanent display to be made without permission of the copyright
owner.
Taken with sections 68 and 69, which allow that reproduction to
be published and/or broadcast without permission or payment to the
visual artist, section 65 becomes very unfair.
In either situation a commercial reproduction may be made without
the permission of the artist, and no fee need be paid no matter
how often the publication or program is copied or sold. These provisions
do not apply to other art works such as paintings, prints or drawings.
This is why we've seen some TV advertisements get away with using
public sculpture without paying for the right to use it. Everyone
makes money out of an idea that revolves around the artwork, except
the artist.
The repeal of s65 and related sections was recommended by the Copyright
Law Review Committee, and is supported by the Australian Democrats
and the ALP.
ABORIGINAL
AND TORRES STRAIT ISLANDER ART
The Copyright Act should be carefully considered to provide for
protection, in some circumstances, for Aboriginal and Torres Strait
Islander artists, which is different from or greater than the protection
given to other artists.
This is particularly appropriate where the designs being protected
are of a secret or sacred nature, and where issues of community
ownership are involved.
VISCOPY supports the proposals in Our Culture, Our Future: ATSIC
(AIATSIS), 1997.
PRIVATE
COPY LEVY
We support Screenrights' and AMCOS's position to introduce a statutory
licence for a private levy to be applied to all blank recording
media and recording devices in Australia provided that the copyright
owners in artistic works, especially creators participate equitably
in the distribution.
VISCOPY maintains that artists should receive a legislated percentage
of the distribution.
Support VISCOPY's campaign for the best results for visual artists:
e-mail VISCOPY requesting VISCOPY's Submission on Status of the
Artist.
VISUAL
ARTS INDUSTRY DEVELOPMENTS
VISCOPY'S
RESPONSE TO THE MYER INQUIRY
Intellectual Property recommendations and resale royalties
September 9, 2002
Rupert Myer, Chair of the Contemporary Visual Arts and Crafts Inquiry
said "Intellectual property issues are of considerable importance
to the contemporary visual arts and craft sector.
The establishment and proper administration and enforcement of intellectual
property rights is a fundamental element of a well functioning sector.
It is also an important potential source of income for visual artists
and craft practitioners"
The Inquiry Report initiated important new developments for Australian
visual artists' rights, comprehending many of the key copyright
reforms that VISCOPY has sought on behalf of Australian visual creators.
WHAT
WE'VE DONE
LEGISLATIVE
REFORMS
VISCOPY's legislative reforms help ensure equity for artists.
AMENDMENT
OF COPYRIGHT ACT SECTION 135zm PHOTOCOPYING
In July 1998 the government amended the statutory licence (Part
VB of the Copyright Act) that enables schools, universities and
government to photocopy print material to include payment for the
copying of works that 'illustrated or accompanied a text'.
The effect of this legislative change is that now ALL artistic works
are paid for whenever they are photocopied. For artists, photographers,
designers and architects this means that this means that they are
now eligible for annual payments.
MORAL RIGHTS
Moral Rights legislation was introduced in Australia in December
2000. They give creators of copyright works the right to be attributed
as author of their works and right to protect the integrity of their
works. Moral rights are quite separate from copyright rights.
Click here for more information about moral rights, or download
VISCOPY's information sheet.
To fully understand your rights go to Australian Copyright Council
Publications at www.copyright.org.au
DIGITAL
AGENDA
In March 2001 the government upgraded the Copyright Act 1968 (Cth)
to protect rightsholders in the digital environment, ensure innovation
and balance the interests of rightsholders and users.
Other significant changes from which all copyright owners in artistic
works are now benefiting include: Right of Communication, Electronic
Copying Rights (VB) and Cable Retransmission Rights (VA).
To fully understand your new rights go to Australian Copyright Council
Publications at www.copyright.org.au
WHAT'S
IN STORE?
ROYALTIES,
OLD RIGHTS
Surveys conducted overseas show that 4.5 to 12.5% of all material
photocopied is of visual works. Based on these figures, in future
Australian artists, and other copyright owners in artistic works,
will enjoy over $2 million per annum in photocopying fees. New income
will be derived from include the electronic copying and/or communication
of articles by users such as universities, schools and commercial
entities.
As a result of the amended legislation in 1998 and 2001, VISCOPY
is working with CAL, as well as our 40 international counterparts,
to manage a sophisticated collection and distribution mechanism
for reproduction through photocopying, electronic copying and communication,
ensuring payments to artists, their heirs and communities.
NEW
TECHNOLOGIES
VISCOPY has developed new volume licensing schemes for managing
digital rights. We are co-operating with both CAL and Screenrights
to remunerate our copyright owners from digital rights for which
remuneration is collected under statutory licences.
ONGOING
RESULTS
VISCOPY is working with CAL and Screenrights to ensure the upgrade
of all distribution mechanism, including survey instruments to comprehend
the full extent of the copying of artistic works. This work is ongoing.
In 1999 CAL set aside $500,000 in an "Illustration Fund"
to compensate copyright owners in artistic works whose works might
have been included in the annual surveys from 1998-99. These monies
are now being distributed.
In 2002 Screenrights announced that from its 2002 Distribution,
copyright owners in artistic works will be eligible to receive up
to 1.9%, preserved in a dedicated 'Artistic Works Pool'. They have
also extended their schemes into New Zealand and reached agreements
from which our members will benefit.
UNIVERSAL
ELIGIBILITY
Artists who believe their work has ever been copied as 'stand alone'
material or by slide making and/or digitised can contact VISCOPY
to check out whether you are due funds under this scheme.
If you believe that a publication in which your work appeared in
less than full page format might have been photocopied anytime from
July 1998, you should come forward now to make a claim that your
work was copied under s 135ZM.
Similarly, if you believe your work originally published in an article
has been electronically copied and/or communicated via the web,
contact us immediately.
ARTISTS
ACTION
Download a Membership
form and a Publishing
& Broadcast Register sheet on which you can
record any publication or website in which your work
has been used, including the news and review articles.
Send to distribution@VISCOPY.com.
We will research and submit all claims to CAL or Screenrights.
IMPROVED
INDUSTRY STANDARDS
VISCOPY, the ABC and SBS now use 'cue sheets' that must detail
artistic works. Accurate record keeping is crucial to ensuring your
rights to royalty payments.
Like music copyright owners, artists can track the use of their
works and claim residual payments. Screenrights is working with
VISCOPY, SPAA and FACTS to promote the use of comprehensive cue
sheets throughout the film, TV and broadcast industries.
SCREENRIGHTS
-TIME to share up to 1.9% of 2002 Distribution
Has your work appeared in film or on TV?
By helping VISCOPY identify any of your work which has been used
in film,TV, broadcast, news programs etc we can gain a better idea
of the percentage of visual art used, and hence argue for the appropriate
share of royalties collected on behalf of visual art rights owners.
Use the Publication
& Broadcast Register Sheet to record any program in which
your work has been used, including news and review programs. We
will then research and submit all claims to Screenrights.
CAL
ROYALTIES - PRINT, ELECTRONIC COPYING & COMMUNCIATION
Has your work been photocopied by an educational institution or
by government? Have slides been made for their photo libraries?
Has your work been digitized and/or communicated via the web?
Use the Publication Record Form to record any publication in which
your work has been used, including the news and review articles.
We will research and submit all claims to CAL.
Only VISCOPY can track the use of your work internationally
and ensure your remuneration via international visual arts collecting
societies.
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