* why should a professional celebrant purchase a CAL Celebrant Group Copyright Licence?
- As professionals with high ethical standards, the ethically right thing to do is to pay for use of a poet or other artists work directly by purchasing their material or indirectly by purchasing a CAL licence
- Obviously to not break copyright, without a CAL Celebrant Licence, the celebrant would have to use only material they have written themselves, or material that is so old that copyright has expired.
- Even highly skilled and talented authors are not appreciated universally by everyone
- Then such a celebrant would not be offering their couples and families the widest possible choice of materials to need that couple or families needs
- As such the celebrant may not be offering a professional service designed to meet their couples or families needs .
- Copyright Agency Limited (CAL) is a not for profit rights management organisation. CAL enables the use of text and images in return for fair payment to writers, visual artists and publishers. This includes managing the Viscopy business: services to artists and users of images.
- CAL has the use of the works of its members which now totals over 26,000. This means these members have granted rights to Copyright Agency to allow its licensees (such as your celebrant associations) to use their work in many ways.
- CAL also has the use of works of members of overseas collecting societies in around 35 countries such as the USA, UK, Canada and New Zealand. Copyright Agency has bi-lateral agreements with these countries allow each to use the works of the other societies members.
* what does CAL do with the licence fee monies if it is a non-profit body?
- The fees paid by licensees to Copyright Agency are paid back to the copyright owners of the material.
- This encourages creativity and means people are paid for the works they create which in many case allows them to continue to create new material.
- As Copyright Agency is a not for profit company, it deducts an average of around 15% of licence fees paid to run the company with the remaining 85% paid to Rightsholders .
* what happens if I use a work of an author who is not one of CAL’s members?
- CAL provides Indemnity against any copying of non member works.
- This means should any celebrant copy works that do not belong to a rights holder CAL represents and the Rightsholder takes action against them, Copyright Agency will indemnify the celebrant against any damages, up to the amount of the licence fees by the association over the life of the licence .
* what are the benefits of this licence?
- a cost-effective way of managing your copyright responsibilities and removing the need to ask for permission each time you want to use copyright materials;
- convenient access to millions of copyright materials like books, journals & newspapers;
- the ability to fill in the gaps in copyright compliance around your use of materials provided under subscriptions and other materials your organisation uses; and
- a licence that removes the risk of copyright infringement
- as CAL actually has rights granted to them, the chance of anyone being sued is far less
- the monies collected go to creators rather than a for profit corporation such as an insurance company .
* how is this licence different to an insurance company policy?
- relying on an Insurance Policy clause, without CAL Licence cover, does not reduce one’s risk of copyright infringement as one has no agreed permission to use materials of other creators.
The insurance clause is for "inadvertent use" - not taking steps to gain permission is not "inadvertent use", rather can be seen as a deliberate decision to break copyright laws.
- without CAL Licence cover, celebrants would not be able to share poetry on any Celebrant Forums even those that meet the CAL guidelines
- monies collected are not used to reimburse creators for the use of their work as they are under the CAL Licence. CAL is a non-profit group set up to reimburse creators for their work.
* how is this licence different to the Sole Trader Copyright Licence?
- The current CAL Sole Traders licence is for hardcopy reproduction only.
- It allows celebrants to copy up to 10% or one chapter from any book, journal or magazine.
- The rate for this licence is currently $126.50 plus GST. ( at 2010)
- The CAL Celebrants Group Licence allows is more than the equivalent of the Sole Trader licence (saving that fee) adding digital copying and communication .
* what does it will cover?
- Photocopying ( up to 10% or one chapter of any book, journal or magazine
- Post material on your password protected website
- Supply of hardcopy materials to third parties (clients etc)
- Scanning of materials and electronic storage (i.e. on hard drives)
- Displaying material in PowerPoint presentations etc.
- Download and store material from internet (10% or words in a digital work)
- Scan, download and store material from internet .
* with digital material?
- Download material from net
- store material
- display on data projector and
- post to password protected website forums that meet the CAL requirements .
* with hard copy material ?
- Photocopying (up to 10% or one chapter of any book, journal or magazine)
- hand out hard-copies of materials to third parties (guests at weddings, funerals etc) .
* what restrictions are there?
* what will it not cover?
- Excluded works are, Australian news, magazine, hymn, Australian hymn book, Together in song series, music and song lyrics.
- Any other material is fine to use provided it used for your work as a celebrant .
* how does this licence help me as a celebrant?
- It allows celebrants to legally source and share information without the risk of breaching anybodies copyright and possibly having legal action taken against them.
- It allows you to share this information, such as poetry or readings etc with the network and store materials for future use.
- It also removes the need to contact the copyright owners each and every time you wish to reproduce or copy their works .
* are there any courtesies to be observed eg should I still ask the author for permission?
- The network licence removes the need to seek direct permission from the copyright owner each time you wish to copy, download or reproduce and hand out their works .
* what about music?
- Music is not covered by this licence. General principle is for a private event the material must have been legally purchased. If you wish specific information on music, you should contact APRA .
- The copying of lyrics were permitted under this licence, though CoCA is currently investigating the latest position on this from CAL .
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* when I use copyrighted material, how do I show that I am using someone’s work?
The statement “Copyright Agency Limited – Licensed Copy” should be placed on works to show they have been legally sourced and shared .
* does this licence only cover Australian material ?
- No. The licence covers a worldwide repertoire, with only The Australian Hymn Book Companies works being excluded .
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* how does the author or publisher benefit from this licence, if we don’t contact them?
CAL does surveys year round to find out which materials or works are being copied. We collect this information in order to provide the authors and publishers with their royalties from the fees paid by licensees .
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* will the celebrant be personally audited ?
No, individual celebrants will not be asked to participate in the survey.
CAL may ask the network to provide a list of posted materials from its Association Forum web site (non-association website are not covered) in order to pay fees back to CAL’s members, but individual celebrants will not be asked to take part in the survey process .
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* does this cover sending a poem by email to a couple or family?
A celebrant may send a poem to a client for their viewing for inclusion in a ceremony, however the client must not make any further reproductions of the material as they are not covered under the licence .
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* how can I obtain this licence?
Contact your CoCA Celebrant Association for more information