Copyright Act 1968
The State Government copies material that is subject to copyright, such as publications and broadcasts, as it undertakes day-to-day business.
The Copyright Act 1968 (the Act) allows governments to use copyrighted material for the services of government without infringing the Act if it pays equitable remuneration to the appropriate declared collecting society.
Collecting societies are declared pursuant to section 153F of the Act.
Section 183 of the Act requires that equitable remuneration must be calculated using a method agreed on by the collecting society and government, such as a sampling survey.
Payment to collecting societies negates the need for governments to negotiate directly with individual copyright owners.
In addition, the collecting society bears the administrative burden of identifying copyright owners and the distribution of remuneration.
The South Australian government has, or has had, dealings with three collecting societies:
- Copyright Agency (CAL) for print and electronic publications;
- Screenrights for radio and television broadcasts; and
- Australasian Performing Right Association (APRA) for the performance of music.
Role of State Records
Since 2001, State Records has represented the South Australian government in national negotiations on agreements with collecting societies, coordinated sampling surveys and recommended and facilitated payment of the state's copyright liability.
State Records also provides policy advice on copyright agreements; liaises with copyright counterparts in other jurisdictions; and maintains relationships with collecting societies.