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Under section 183 of the Copyright Act 1968 (Cth), the Commonwealth and State and Territory Governments are entitled to use copyright material but must generally notify and agree terms with copyright owners (a statutory licence).
In the case of copyright works and broadcasts, governments are excused from the obligation to notify individual copyright owners but are required under s 183A to make agreements with the declared collecting societies to pay equitable remuneration for the copies. The collecting societies distribute the monies to their members, who are publishers, producers and copyright owners.
The Copyright Agency is the copyright collecting society representing copyright owners of copyright text and images such as books, magazines, journals, newspapers, website text, photographs and artworks. The State must pay the Copyright Agency equitable remuneration in accordance with section 183A of the Copyright Act for government copying of such material, where no licence or exception applies.
For several years the Copyright Agency and the Department of Communities and Justice (formerly Justice) on behalf of the State were in negotiation regarding the terms of a whole of government copyright agreement. In November 2017, the Copyright Agency applied to the Copyright Tribunal of Australia for a determination.
In December 2019 the State and the Copyright Agency settled the proceedings in the Copyright Tribunal and entered into a new whole of government copyright agreement.
The parties have since extended the agreement to 30 June 2026.
In summary the whole of government copyright agreement with the Copyright Agency (as extended to 30 June 2026):
CAL invoices the State annually on the agreed rate of $7.30 x number of full time employee equivalents (FTEs) within scope. These funds are paid centrally on behalf of all covered agencies while the agreement is in force.
This summary does not constitute legal advice. NSW government agencies may review the agreement (below) or email enquiries-dcjlegal@dcj.nsw.gov.au for more information.
Screenrights is the copyright collecting society for film, radio and television. Currently Screenrights is empowered to collect remuneration only in respect to government copies of radio and television broadcasts.
Under the procedure set out in section 153F of the Copyright Act, Screenrights has been declared by the Copyright Tribunal as the relevant collecting society governments must make agreements in respect of television and radio broadcasts.
In 2002, on a voluntary basis, the State entered an agreement with the Australasian Performing Rights Association (APRA) covering public performance of music. The agreement applied only to those agencies that chose to participate in it, and only covered internal workplace music use. This agreement has been terminated by APRA effective 30 June 2023. Agencies who are opted in will be issued outstanding invoices by APRA to cover the period to 30 June 2023.
APRA rights are now licensed via OneMusic Australia, a joint initiative between APRA AMCOS (representing member composers and music publishers) and PPCA (representing member record companies). Voluntary licences are available from OneMusic Australia to agencies who wish to take up such licences.
Agencies should generally consider their bespoke music licensing needs, such as for workplace and public facing use of music, and ensure that they have licences from music rightsholders in place to comply with their copyright obligations.
For general guidance on copyright compliance for NSW agencies and resources including links to copyright collecting society websites, see Circular C2021-11 - 2020 NSW Government Intellectual Property Framework. For the applicable NSW Government Government Circular see C2024-01 Payment of fees for use of copyright material.
07 Mar 2024