The Australian Competition and Consumer Commission proposes to allow Viscopy Ltd and Copyright Agency Ltd to enter into a service agreement under which Copyright Agency will manage and administer the day-to-day operations of Viscopy’s business.
Viscopy Ltd and Copyright Agency Ltd are copyright collecting societies that provide services to visual artists and licensees of artistic works under the Copyright Act 1968.
“The ACCC considers that the service agreement will result in significant cost savings to artists and licensees, and operational efficiencies for the administration of copyright licensing,” ACCC chairman Rod Sims said.
“The ACCC considers that the detriments from this agreement, if any, will be small due to the very limited overlap between the parties, meaning that for the most part they do not and will not compete with one another, regardless of whether this agreement proceeds or not.”
Viscopy is an expert in the valuation and licensing of high quality reproductions of single artistic works, for example a particular image to be reproduced online, on a postcard, or on an item of clothing. Viscopy’s members are predominantly fine artists, photographers and cartoonists.
Copyright Agency’s core business is in the administration of statutory licences for copying and communication of print material by educational institutions and government agencies. Copyright Agency represents the interests of Australian authors, journalists, visual artists, surveyors, photographers and newspaper, magazine and book publishers.
Copyright Agency and Viscopy are not-for profit copyright collecting societies and membership is voluntary and free.
The authorisation will provide statutory protection for Viscopy and Copyright Agency to collaboratively discuss and negotiate terms and conditions for the services provided to their members and licensees, including the scope of services provided, fees and commission levels.
The ACCC is proposing to authorise the service agreement for five years.
Authorisation provides statutory protection from court action for conduct that might otherwise raise concerns under the competition provisions of the Competition and Consumer Act 2010. Broadly, the ACCC may grant an authorisation when it is satisfied that the public benefit from the conduct outweighs any public detriment.