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.