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Marie Wong - When must the Crown pay to use copyright material for the services of the State?
Marie Wong, Senior Associate at Deacons, reports that leave to appeal was granted to the applicant in Copyright Agency Limited v State of New South Wales [2007] HCATrans 700 (16 November 2007) over the decision of Copyright Agency Ltd v New South Wales (2007) 240 ALR 249. Marie Wong discusses the Copyright Agency Limited (CAL), which is a declared “collecting society” for the purposes of the Copyright Act and represents copyright owners (such as authors, photographers, publishers and, relevantly, surveyors) and to administer the licensing of copyright works to the general community.
CAL originally approached the Copyright Tribunal for a determination of the terms on which the State of New South Wales could deal with survey plans prepared by members of the Surveyors’ Association. The matter was subsequently referred to the Full Federal Court in order to determine questions of law relevant to the Copyright Tribunal’s determination. Specifically, the Full Federal Court was required to determine who owned copyright in the survey plans and whether surveyors were entitled to receive royalties arising from the State Government’s use of the plans.
According to Marie Wong, the outcome of the High Court appeal may affect how government can continue to deal with third party works submitted to them for specific purposes.
When must the Crown pay to use copyright material for the services of the State?
About this entry
- Published:
- 06 Jan 2008 / 11:42 PM
- Category:
- Copyright
Draft Guide to Copyright Licensing and Collecting Societies
The Australian Competition and Consumer Commission (ACCC) has requested submissions on its draft Guide to Copyright Licensing and Collecting Societies. The ACCC are interested in how useful the guide is to copyright users. Comments on the draft Guide are due by 31 January 2007.
Some background to the Guide:
1. The Copyright Amendment Act 2006 introduced two amendments regarding ACCC and its functions:
- The Copyright Tribunal may have regard to guidelines (if any) made by the ACCC.
- The Copyright Tribunal will be able to make the ACCC a party to a matter before the tribunal (if the ACCC applies and the tribunal is satisfied that it would be appropriate to do so).
2. The ACCC intends to issue a general information guide to users of copyright material to explain their rights and obligations under the Copyright Act 1968 (Cth).
Link to Draft Guide to Copyright Licensing and Collecting Societies
About this entry
- Published:
- 01 Dec 2006 / 02:48 PM
- Category:
- Copyright