MEMBERS
- RIGHTS
INFO
 PRIMARY
RIGHTS
Primary rights refer to the use of artistic work for the primary
reproduction. For example if a publisher wanted to reproduce your
work in a book or catalogue VISCOPY would provide the publisher
with a non-exclusive licence to reproduce your work for a specific
and limited use.
Download our Membership
Registration Form here. To register as a Full Member,
tick the “Full Rights” box. Note that as
a full member, your statutory rights are automatically
covered.
STATUTORY
RIGHTS
All visual artists are entitled to reproduction royalties for work
copied by the education and government sector. Statutory rights
covers instances when an initial reproduction such as in a book
or film is copied again such as in photocopying or broadcast copying
from free to air or pay TV.
Statutory rights relate to copying of artistic work by the educational
and government sector under Statutory Licences.
Download our Membership
Registration form here. To register as a Statutory
Member, tick the “Statutory Rights” box.
Note that as a statutory member, VISCOPY will not administer
any other right on your behalf unless specifically directed
to by you.
|
|
1
|
|
2
|
|
|
Original
|
Primary
reproduction
|
Secondary
reproduction
|
|
Painting/drawing
|
Book/catalogue
|
Photocopying
|
|
Textile
work
|
Postcard
|
Video-recording
|
|
Cartoon
|
Poster
|
Slide
copying
|
|
Illustration
|
Internet
|
Digital
copying
|
|
Design
|
Audio-visual
|
|
|
Sculpture
|
Film
|
|
|
Photograph
|
Television
program
|
|
|
Video
art
|
Digital
publishing
|
|
|
Etc
|
Etc
|
|
MORAL
RIGHTS
If you are an artist, photographer, craftsperson, architect or
other creator of artistic works, you will have moral rights in your
work. It is important that you understand what these rights are.
Specifically, you have the right to:
• be attributed as creator of your works;
• take action if your work is falsely attributed; and
• take action if your work is distorted or treated in a way
that is prejudicial to your honour or reputation.
For more information, download
our info sheet.
TERMS
AND DEFINITIONS
LICENCE
A licence is an agreement you establish with your client on how
the images will be used. This is where the usage is defined and
the fees agreed. The following three items Medium, Time and Territory
will help you calculate the fee. VISCOPY acts for you here.
The greater the usage the higher the fee is likely to be.
TIME
How long will the image be locked up in the current use? An image
who's primary use is for a weekly magazine may be licensed for a
month as opposed to a product launch which may need a couple of
years.
TERRITORY
It's easy for someone to say they want worldwide rights but many
clients don't need it. If the client has an Australia only need,
the image could be earning you more money in Japan for example.
MEDIUM
How will the work be used? In print, on film (TV), web, point of
sale, merchandise or billboard etc. In considering the medium you
also need to consider the print run, clearly a run of a few thousand
will attract a different fee from a national distribution.
PARTIAL
BUYOUT
This is where a client may have a specific usage need and wants
exclusive rights in a particular area. For example you may have
licensed your work for use on a wine label. The client may want
exclusive rights to the image in Australia and New Zealand for two
years to ensure a product launch goes smoothly. In this case you
sell those rights for the territory and time. There is then an obligation
on you not to sell rights into that territory for two years. Likewise
the client must obtain another licence if they want to extend their
use of the image.
A partial buyout is an 'exclusive licence'.
JOINT
RIGHTS
In this case both the artist and the client have unlimited rights
in the image. Clearly in a case like this neither party can exclusively
license the images to anyone else without the consent of the other
rights owner.
BUYOUT
Creators you should avoid this at all costs. A buyout means selling
your copyright. There are not many areas which can't be dealt with
by licensing.
Some clients may have a real need to be in complete control of
a particular image. Some simply haven't thought about how licensing
could work for them. Consider the negotiation carefully and make
sure you are well paid if you choose to sell. Remember that once
you sell the copyright you lose all access to the image and its
income earning potential.
PRIMARY
RIGHTS
These include the right to publish, reproduce, copy or scan the
image. It includes how the image might be distributed where and
for how long.
SECONDARY
RIGHTS
Secondary rights cover copying of a reproduction. For example secondary
rights cover the photocopying of a book or publication. They also
cover the copying of a film or video in which your images might
appear.
REUSE
This primarily covers commissioned photography, graphic art etc.
Let's say your photograph was originally commissioned for a single
use magazine ad. It's such a great shot the client now wants to
use it to spearhead a national billboard campaign. This is a reuse
of the shot. You negotiate a fee for reuse in the same way you negotiate
a primary use. You consider the key questions of time territory
and medium.
ROYALTY
In the VISCOPY context a royalty is any copyright fee you are paid
which has been collected from licensing reproductions or your work
or from secondary rights collections.
RIGHTS
AT WORK
COPYRIGHT
COPYRIGHT
IN AUSTRALIA:
Is automatic
Generally lasts for 70 years after the death of the creator (expanded
from 50 years since the signing of the Free
Trade Agreement with the United States, which went into effect
1 January, 2005)
Can be owned by a person other than the creator
Requires permission to be used by another entity
Can be infringed by another entity
COPYRIGHT
DURATION
Copyright in Australia is automatic. This means that once a drawing,
sculpture or photograph has been completed, it is automatically
protected under the Copyright Act. Copyright protects the artistic
work for the lifetime of the creator plus another 70 years after
the death of the creator. Exceptions to this include photographers
copyright.
COPYRIGHT
IS VALUABLE
Copyright is an economic right, which means it can be traded or
licensed. Such rights have earning potential. Copyright only comes
into existence when something is actually created.
PHOTOGRAPHERS'
COPYRIGHT DURATION
Photographs still in copyright on 1 January 2005 - life of the
photographer plus 70 years
All photographs taken before 1 January 1955 are now out of copyright
If the photographer is unknown or used a pseudonym, duration continues
indefinitely until the photograph is
published. After publication, copyright lasts 70 years from the
end of the year in which it was
published.
For more information see
http://www.copyright.org.au
PENALTIES
Penalties for unauthorised copying or use of copyright material
can be very high. It is in everyone's interest that users determine
who owns the copyright in an image before it is reproduced. So you
can see that as an artists it make good sense to retain ownership
of your copyright, and to respect the rights of other creators.
When a client buys your work they buy the privilege of hanging
it on the wall, of owning the work. They do not buy the right to
reproduce it.
WHO
IS THE COPYRIGHT OWNER OF AN ARTISTIC WORK?
The copyright owner of an artistic work is usually the creator,
for example a painter, video artist or sculptor. However there are
exceptions to this such as
An employee; the employer would normally own the copyright
A university student - check your university copyright policy
The work was commissioned ie to paint or engrave a portrait prior
to June 1998
You were commissioned to take a photograph prior to 30 June 1998
You were commissioned to take a photograph for 'domestic' use
[This is not a comprehensive list]
For excellent information on all aspects of copyright, refer the Australian Copyright Council website at www.copyright.org.au. They have a wide range of information available for download.
ARTISTIC
WORKS UNDER THE COPYRIGHT ACT INCLUDE:
Drawings
Paintings
Engravings
Sculpture
Photographs
Buildings
Maps and plans or patterns
MANAGING
YOUR RIGHTS
NEGOTIATING USE
Whenever someone wants to reproduce your work you should think
about what rights you have and how to license them for specific
uses. Unless you're being paid a lot of money don't license your
work world wide, indefinitely or for all media, especially the web.
INFRINGEMENT
AND PROTECTION
WHAT CAN I DO IF MY COPYRIGHT IS INFRINGED?
If you are a member of VISCOPY contact us first to get advice.
Depending on the type of infringement, VISCOPY will generally contact
the infringer and resolve the issue. If the issue is more complex,
referrals can be made to either the Australian Copyright Council
or Arts Law Centre of Australia.
If you are a full member of VISCOPY, and you wish to report an infringement that has occurred while you have been a member, download and complete an Infringement Information Sheet and return it to us as soon as possible.
WHAT CAN I DO TO HELP PROTECT MY COPYRIGHT?
Artists can act to assist in the protection of their copyright
in many ways:
ENSURE ATTRIBUTION
Whenever your work is reproduced, even as 'promotion', always insist
that you are acknowledged as the creator of the artistic work. A
standard line that is used in the industry is:
© 'Artists Name', Title of work, Year work was created.
Eg: © Jo Artist, Jo at Bondi, 2000
USE CONTRACTS
Always use contracts when you make a transaction with another
person or entity. This could be for a commission, a reproduction
or for any other use. It can be as simple as putting the agreement
in a letter or more formal with a contract. Proforma contracts can
be purchased from the Arts Law Centre of Australia. The Australian
Copyright Council can advise on copyright clauses free of charge.
WHAT IF SOMEONE ELSE DRAWS UP A CONTRACT?
If a person or entity provides a contract for you to sign, ALWAYS
read it very carefully. Make sure you are not inadvertently selling
your rights, or promising to deliver on something you may regret
or be unable to provide, such as agreeing to an impossible deadline.
If in doubt seek help.
KEEP ACCURATE RECORDS
Always keep a record of all transactions whether it be an agreement
for a commission, or forwarding transparencies of your work to a
publisher, gallery or other party.
FAIR DEALING
Under the Copyright Act 1968 (Cth), there are several exemptions that
allow users to reproduce your work without prior permission; these
are called 'Fair Dealing' Provisions. These exemptions do however
have stipulations such as crediting the creator.
REPORTING THE NEWS
A newspaper, magazine or television news program can reproduce
your work if it is reporting the news. An example would be a or
television station covering the winners of the Archibald Prize in
the evening news program on the day the prize was announced.
REVIEW AND CRITICISM
A newspaper, magazine or television news program can reproduce
your work if it is for the purpose of reviewing an exhibition or
for critical analysis of an exhibition, book etc. An example would
be a newspaper or television program reviewing the exhibition of
the Archibald Prize, stating the venue and opening times. Pictured
work should be referred to in the review and the artist attributed.
|
