I N F O R MA T I O N S H E E T G 1 2 2 v0 1
June 2013
Statutory Licences
Australia has a unique system of statutory licences. Statutory licences enable people to use
copyright material for certain purposes without first having to seek permission from the copyright
owner. At the same time, they give copyright owners a right to payment. For a full list of statutory
licences contained in the Copyright Act, see our information sheet Exceptions to Copyright.
The Australian Law Reform Commission (ALRC) released a Discussion Paper in June 2013
proposing the repeal of a number of the statutory licences contained in Australia’s Copyright Act.
These include:

The statutory licence for government;

The statutory licences for education;

The statutory licence for institutions assisting people with a print disability; and

The statutory licence for retransmitting free-to-air broadcasts.
This information sheet provides a brief explanation of how these statutory licences operate.
The purpose of this information sheet is to give general introductory information about
copyright in Australia. If you need to know how the law applies in a particular situation,
please get advice from a lawyer.
The Government Statutory Licence
This licence provides that copyright is not infringed by any use of copyright material if it is ‘for the
services of the Commonwealth or State.’ The licence operates in one of two ways:
1. In some instances, a copyright collecting society has been given responsibility for collecting
royalties on behalf of copyright owners for a particular type of government copying. In these cases,
a government enters into an agreement for payment of a licence fee to the collecting society.
Screenrights collects and distributes royalties for the reproduction of material broadcast on
television and radio, and Copyright Agency collects and distributes royalties for the reproduction of
text, images and print music. For example, a department can print several copies of a report for its
staff without the need to notify the copyright owner.
2. Where a collecting society has not been appointed to manage a particular type of government
copying, a government must notify the copyright owner when it uses copyright material. In such a
case, the copyright owner is entitled to negotiate the terms of use, including the payment of fees.
For example, an agency might make a copy of a video for classification purposes and then notify
the copyright owner of this use. The copyright owner would then be entitled to negotiate for the
payment of a reasonable fee for that use.
PO Box 1986, Strawberry Hills NSW 2012
ABN: 63 001 228 780
[email protected]
www.copyright.org.au
T +61 2 9101 2377
F +61 2 8815 9799
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Australian Copyright Council Information Sheet G0121v01 Statutory Licences
The Educational Statutory Licences
There are two main statutory licences in the Copyright Act that apply to educational institutions.
One allows the reproduction and online communication of certain amounts of text, images and
print music (for which Copyright Agency has been appointed to manage). The other allows the
reproduction and online communication of television and radio broadcasts (for which Screenrights
has been appointed to manage).
In order to rely on these licences, the copying and online communication must be carried out for
the “educational purposes” of the institution and the material must be supplied to the relevant
people only (generally staff and students of the institution).
The Part VA Screenrights Licence
This licence allows educators to both copy and communicate online the following:

Any material broadcast on Australian TV;

Any material broadcast on Australian radio; and

Broadcast content made available online by the broadcaster (such as a podcast of a
documentary screened on the ABC).
Activities covered by this licence would include the copying and making available of a television
show on an institution’s intranet or learning management system so that students can access it for
research, and the recording into an MP3 file of some music broadcast on a radio show for study in
a music class.
The Part VB Copyright Agency Licence
This licence allows educators to both copy and communicate (e.g. via an intranet, learning
management system or through emailing) the following:

10% or 1 chapter (whichever is greater) of a commercially available text;

A whole article from any issue of a periodical;

All digital images and nearly all hard copy images; and

The whole of a work if that work is not separately published, or is not commercially
available within a reasonable time at an ordinary commercial price.
Activities covered by this licence would include copying extracts from textbooks for university
course packs, making an out of print text available to a history class via an institution’s learning
management system, and the reproduction of some images from a website for inclusion in a class
handout.
The statutory licence for institutions assisting people with a print disability
There are also statutory licences for institutions assisting people with disabilities (this includes an
educational institution).
The print disability licence allows the conversion of any work into a large print, Braille, sound
recording or electronic version, provided such a format is not commercially available. The licence
would cover the making of a large print or e-pub version of a textbook (assuming such versions
were not commercially available) in order to provide access to someone who is visually impaired.
Copyright Agency is responsible for this licence although it has made a decision not to collect
royalties under this licence.
PO Box 1986, Strawberry Hills NSW 2012
ABN: 63 001 228 780
[email protected]
www.copyright.org.au
T +61 2 9101 2377
F +61 2 8815 9799
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Australian Copyright Council Information Sheet G0121v01 Statutory Licences
The statutory licence for the retransmission of free-to-air broadcasts
Broadcasts are protected by copyright. However, under the Broadcasting Services Act, no legal
action can be taken against someone that retransmits certain television and radio broadcasts. In
many cases, there is no similar exemption that covers the copyright material that is contained
within the broadcast (for example, a broadcast might include films, music and sound recordings
that are all separately protected by copyright).
The statutory licence for retransmission of free-to-air broadcasts covers the retransmission of any
copyright material contained in the retransmitted broadcasts provided payment is made.
Retransmissions must be simultaneous with, and unaltered from the broadcast and must not be
over the internet. Screenrights collects and distributes the royalties paid for this licence.
How much is paid?
Where a collecting society is responsible for administering a statutory licence, the Copyright Act
generally requires that “equitable remuneration” be paid to copyright owners. Simply speaking, this
means a fair amount. The amount is agreed between the collecting society (which represents
copyright owners) and the party relying on the licence. In the event that the parties cannot reach
an agreement about the amount that should be paid, either party can apply to the Copyright
Tribunal for an independent determination about what should be paid in the circumstances.
Who is paid?
Collecting societies distribute royalties to their copyright owner members based on data they
gather about what is being copied under the licences. This data is generated in one of two ways:
1. The party relying on the licence must keep records of what is being copied.
2. More commonly, the data is collected using periodic copying surveys. For example, in any given
period, an educational institution may be required to participate in a copying survey (administered
by an independent research company).
The data collected from the records or surveys assists with the distribution of licence fees to
copyright owners.
Further information
For further information about copyright, and about our other publications and training program, see
our website – www.copyright.org.au
If you meet our eligibility guidelines, a Copyright Council lawyer may be able to give you free
preliminary legal advice about an issue that is not addressed in an information sheet. This service
is primarily for professional creators and arts organisations but is also available to staff of
educational institutions and libraries. For information about the service, see
http://www.copyright.org.au/legal-advice/
There is further information about Copyright Agency and the licences it administers at:
www.copyright.com.au
There is further information about Screenrights and the licences it administers at:
www.screenrights.org
Reproducing this Information Sheet
Our information sheets are regularly updated - please check our website to ensure you are
accessing the most current version. Should you wish to use this information sheet for any purpose
other than your reference, please contact us for assistance.
PO Box 1986, Strawberry Hills NSW 2012
ABN: 63 001 228 780
[email protected]
www.copyright.org.au
T +61 2 9101 2377
F +61 2 8815 9799
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Australian Copyright Council Information Sheet G0121v01 Statutory Licences
Australian Copyright Council
The Australian Copyright Council is an independent, non-profit organisation. Founded in 1968, we
represent the peak bodies for professional artists and content creators working in Australia’s
creative industries and Australia’s major copyright collecting societies.
We are advocates for the contribution of creators to Australia’s culture and economy; the
importance of copyright for the common good. We work to promote understanding of copyright law
and its application, lobby for appropriate law reform and foster collaboration between content
creators and consumers.
We provide easily accessible and affordable practical, user-friendly information, legal advice,
education and forums on Australian copyright law for content creators and consumers.
The Australian Copyright Council has been assisted by the
Australian Government through the Australia Council, its
arts funding and advisory body.
© Australian Copyright Council 2013
PO Box 1986, Strawberry Hills NSW 2012
ABN: 63 001 228 780
[email protected]
www.copyright.org.au
T +61 2 9101 2377
F +61 2 8815 9799