Copyright Agency Limited (CAL) licenses copying and use of copyrighted works in schools and other institutions in Australia. CAL collects usage data from schools to determine appropriate licensing fees. Over time, CAL has built licensing fees for schools through legislation, tribunal rulings, and commercial deals. CAL distributes over $100 million annually to authors and publishers based on the usage data collected.
How to make a living as a creator of artistic works?
1. Copyright Seminar
How to make a living as a creator of artistic works?
Yogyakarta, September 2010
Michael Lijic
International Affairs Manager
Copyright Agency Limited, Australia
1
2. Overview
1. The Traditional Publishing Model
2. The Digital Publishing Model
3. The RRO Model
– Background to Copyright Agency Limited
– Case Study: Licensing Schools
2
4. Copyright Background
• Copyright has taken 300 years to develop -Statute of Anne
(1710)
• The real benefit of copyright is that it has enabled us to talk to
each other
• I can buy a book in Wagga Wagga, and an author in Indonesia
can be rewarded for that purchase
• Technology comes and goes in cycles, and copyright will
evolve as it always has
• The supply of content is always the key issue, and copyright
supplies this content via the virtuous cycle
4
5. Copyright In Australia
• Copyright industries comprise a substantial
proportion of the Australian economy
• Last year Australia’s copyright industries:
– Employed 836,577 people, which constituted
7.9% of the Australian workforce
– Generated economic value equal to 9.8% of gross
domestic product ($97.5 billion)
– Generated $6.873 billion in exports, equal to 4.1%
of total exports
5
6. Publishing in Australia
• Generated AUD$1.96 Billion revenue in 2009/10
• Has grown 2-3% per annum over the last 10 years
• Contributes AUD $573.5 million to the Australian economy
and GDP
• Exports AUD $146.6 million
• Imports AUD $618.8 million
• Employs 6,200 people
• 240 employer publishers (many other sole traders of part time
publishers)
6
8. Revenue ($m)
100
150
200
250
300
350
400
450
0
50
Book
Chain
s
391
Indep
en de
n ts
337
D i rec
t
308
M ass
Merc
hants
233
W ho
lesal e
rs
183
Cam
pus S op
h s
178
D epa
rmen
t
Book sales by channel
Sto re
s
62
8
9. Australian titles / Market Segments
• Australian titles make up nearly 70% of the books sold in Australia
(but 60% of the value)
Market Segments
Electronic
Professional and
reference
Children books Adult non
fiction
Tertiary
education books
Adult fiction
School books
9
11. Components of the publishing value chain
in Australia
1. Content Development
Content acquisition
Rights / contracts / royalties
Drafts and editing
2. Production Process
Colour, typefaces, layout
Paper / stock type
Typesetting and printing
Binding
11
12. Components of the publishing value chain
in Australia (Cont.)
3. Content Distribution
Marketing (ads, press, reviews, signings)
Inventory management
Customer service
Warehousing
Delivery
Returns
Marketing materials
Sales results
12
13. Demand for Published Works:
• Price
• Disposable income
• Economic growth and general business conditions
• Tastes and interests in the community
• Growth, age, and gender composition of the population
• Level of promotion by both publishers and retailers
• Technology
• Tax on books
13
18. Apple iPad
Positives Negatives
• Large, colour screen • Not a dedicated e-book
• Dedicated iBookstore reader
• Huge Apple customer • Screen is backlit, no e-ink
base, who trust and are • Closed proprietary system
familiar with iTunes • A multipurpose device –
• A multipurpose device - books seen as an
video, music, web, apps afterthought.
18
20. Amazon Kindle
Positives Negatives
• Dedicated ebook reader • Black and white screen
with e-ink, designed from • Closed proprietary system
ground up around the
reading experience • Publishers don’t like
• Huge catalogue of US$9.95 pricing for best-
books, sold internationally sellers and are looking
• Readers like the US$9.95 elsewhere
pricing for best-sellers
• First to market with large
and qualified customer base
20
22. Google Editions
Positives Negatives
• Search results lead to • Last to market – may have
discovery and sale of books missed the boat
• Content from Partner Program • Model is platform-based, and
and (if approved) Library not based around a device or
Scanning Project – potentially
12million books the reading experience
• Based on open standards and • No existing customer base
not tied to any one device • No successful consumer
• Loss-leading product, can products or experience
leverage off Google’s massive
infrastructure and cash coffers
22
25. Frankfurt Survey - 2009
• 2018 was named as the point when digital sales would overtake
traditional books
• However, 60% estimated that ‘considerably less’ than 10% of
current sales are digital
• 58% anticipated that by 2011 digital sales would make up ‘a
considerably higher’ share of total revenue
• 80% said they embraced the ‘radical change’ that digitization
brings
• Only 22% thought that digital formats would never overtake
print
25
26. Digital Publishing in Australia – CAL
conducted research to examine:
• Professional development
– What do publishers want to learn about digital publishing, e.g.
ebooks, POD, ecommerce, revenue models and strategy?
– What delivery method do they prefer for this education, e.g.
online, face-to-face, etc?
• A co-ordinated approach
– Who should drive the education campaign, e.g.
government, industry bodies, publishers, etc?
• A digital portal
– Is there a need for centralised digital publishing portal for Australian
publishers, who should run this portal, how could it work, who
should pay for it, etc?
26
27. Initial Findings and Trends
• Education vs Trade. There is a clear difference in opinion
between those in education and those in trade.
– Education know that digitisation, ebooks, online publishing and other
technological changes are already beginning to affect what they do in a
fundamental way
– Trade publishers have no such consensus.
• Some doubt that new technology can ever challenge the book, or not in our
lifetime
• Some see emerging Print On Demand (POD) technology and ecommerce as ways to
make small publishing profitable. Some take both views
• Others see the book as doomed
27
28. Initial Findings and Trends
• Professional Development
– There is clear hunger for information, though little consensus on what topics
need to be covered and the way in which the information would best be
delivered.
– Most respondents are intrigued to know more about revenue models for
digital publishing, largely because theirs don’t work.
• Difference in Experience
– Big publishers already investing heavily in digital publishing
– Small publishers already active in this area are finding the returns pitiful, and
dwarfed by the costs of getting them
– Medium-sized publishers do not know whether they are doing enough to
prepare for a revolution that will change everything, or spending too much on
something that won’t in the end affect them
28
29. Initial Findings and Trends (cont)
• Summary: Wide range of views
– The research shows that there are as many views on what publishing
will be in the future as there are on what it is now.
– Responses range from the flatly dismissive, “hype over digital
publishing is rubbish”, to those who are convinced it is the future of
publishing, and every shade in between.
29
30. 3a - The RRO Model:
Background to Copyright Agency
Limited
30
31. Summary of CAL
• CAL’s mission is to secure fair payment for
authors and publishers for the copying of their
works
(books, journals, magazines, newspapers, etc)
• By ensuring fair payment to copyright
owners, creativity and further investment is
encouraged
31
32. Other Collecting Societies In Australia
• APRA/AMCOS – administers public
performance rights for music and lyrics
• Screenrights – administers licences which
allow organisations to copy material from
radio/television
• Viscopy - licenses the works of Australian
visual artists (fine arts)
32
33. Collecting Society Revenue in Australia
Collecting Society Material AUD
APRA/AMCOS Music 210,000,000
CAL Print/text 114,000,000
Screenrights Television/Radio 34,000,000
Viscopy Fine arts 2,400,000
Total 360,400,000
33
34. Collecting Societies (RROs) in Asia
− Established − Emerging
− Japan − China
− Hong Kong − India
− Singapore − Indonesia
− Korea
− New
− Philippines
− Taiwan
34
35. Background to CAL
• CAL was born out of the ‘market failure’ that the
photocopier created
• Established in 1974, but did not begin operations until 1985
• Public company limited by guarantee
• CAL’s Board comprised of Author Directors, Publisher
Directors, and Independents – mixture of appointments
and voting
• Directors appointed by the Australian Society of Authors
(ASA) and the Australian Publishers Association (ASA)
• CAL is the declared collecting society for statutory
licences, and report to the Attorney General’s Department
35
36. What we do
• Provide a bridge between creators and users of copyright
material – enable access and a legal way to copy
• Represent our members as their non-exclusive agent to
license the copying of their works to the general
community
• Offer licences to educational institutions, Government and
the corporate sector
• Make payments to members for the copying of their work
• Copyright education and lobbying services for our members
• Cultural Fund and thought leader in the creative industries
36
37. What we don’t do
• Enforcement / piracy
• Supply or sell content
• Offer legal advice or legal services
37
38. Financial Snapshot – 2008/09 Results
• Total revenue $114million
• Revenue/Expense ratio of 13.7%
• For every $100 dollars collected, we pay out
$86.30
• $101million distributed to members
• A total of $650million distributed since 1989
38
39. Licence Schemes
• Statutory Licences
– Worldwide mandate
– Declared by Government
– Copyright Act
• Voluntary licences
– CAL must seek mandate from members
– Individual negotiation with licensees
– Commercial terms
39
40. What can you copy with a CAL licence?
• The reproduction limits under the Statutory
Educational licence for hardcopy:
– 10% of the number of pages or one chapter;
– one article from a journal;
– the whole of an artistic work;
– The whole of a work if that work cannot be
obtained within a reasonable time at an ordinary
commercial price
40
41. Summary of CAL licences
Sector Mandate Revenue
Schools Statutory $54.3 million
Universities Statutory $24.3 million
Commercial Licences Voluntary $13.2 million
Government (State) Statutory/Voluntary $10.7 million
TAFEs Statutory $4.1 million
Government (Federal) Statutory/Voluntary $3.0 million
Independent Colleges Statutory $3.0 million
Other collecting Societies Voluntary $1.4 million
Total $114.0 million
41
42. Breakdown of CAL Licence Fees
• Education
– Schools - $16 per student
– Universities - $39 per student
• Corporate
– Regular - $13 to $17 per employee
– Pharmaceuticals - $70 to $75 per employee
– Press Clips - $1.18 per clip
42
44. CAL Author Members
• Authors
• Academics
• Journalists
• Visual Artists
• Illustrators
• Cartoonists
• Fine artists
• Surveyors
• Photographers
44
45. CAL Publisher Members
• Traditional (Trade & Education)
• Journal
• Newspapers
• Magazines
• Government departments
• Associations, charities
• Corporate
• Self-publishers
• ‘Grey publishers’
45
46. Distribution Payments
Group Amount Percentage
Authors $9.1 million 9.1%
Publishers $75.9 million 75.0%
Collecting Societies $0.8 million 0.9%
(Australian)
Collecting Societies $15.1 million 15.0%
(Foreign)
Total 100%
46
47. 3b - The RRO Model:
Case Study: Licensing Schools
47
50. 1981 Legislative Changes
• Statutory Licence Provisions incorporated into
the Copyright Act
• Schools may reproduce from works provided
they adhere to:
– copying limits
– record keeping requirements
– fair payment requirements
50
57. Thank you for your attention
Michael Lijic
International Affairs & Digital Strategy
Copyright Agency Limited, Australia
mlijic@copyright.com.au
57
Editor's Notes
CAL was born out of the development and popularisation of a ‘new’ technology in the 1960s called the photocopier. Well things have certainly changed since then in terms of copying books and distributing books, but just as in the 1960s we had a space race, in the current decade we appear to have an ebook race. Three main competitors are out there trying to capture the market. Who will win? I don’t think anyone knows the answer to that, but lets take a look at each of each of the three contenders.[NEW]- NOTE: On 19 May Borders announced they will be selling the ‘budget’ Kobo reader, and 2million titles through their ebook website. The Kobo e-reader will retail for $199. Newly released e-book titles will cost between $10 and $15. I will not be including this development in my discussion, partially because the news is so recent, and partially because I am deliberately focussing on international initiatives – and I am hoping that the panellist here will be able to talk today about local Australian initiatives.
-The first player in the ebook race is Apple, and we all know about the hype of the recent iPad launch. The iPad is a multi-purpose device which, amongst many other things, can also be used for reading. The product will be launched in Australia on May 28 – a date that had to be pushed back because of strong US demand for the product. [NEW]Latest Figures as at 4 May – 1 million iPads sold. 1.5 Million ebooks from the iBookstore – ie, 1.5 books per iPad user. Analysts expect Apple to sell 5 million iPads in the first year.
Here are some pros and cons of the iPad.125million credit cards.
The second player in the ebook race is Amazon, and their kindle. Seen by many as the ‘first to market’, Kindle has made great inroads into the dedicated e-reader space.Several CAL staff in our office have bought the kindle, and some of its fans say they will never buy a hardcopy book again. And the demographics of these readers can often be surprising. The biggest Kindle fan in our office is not some Gen Y kid with coloured hair and body piercings, but rather a ‘baby boomer’ who buys and reads capital-L literature - downloading around 1 book a week. [NEW]Any of you who frequently visit the Amazon site will often see the Kindle featured – most popular product, best selling Christmas present, etc - but no firm sales figures have been released. Industry estimates say it is around 3-4 million.
- 2 million books total- 500,000 in copyright
The third major player is the ebook race is Google, who are taking a different approach. Rather than selling ‘closed’ and/or proprietary devices, they are taking a platform approach, and plan to start selling e-books (sometime June/July) on any device that supports a web browser. Books will be sourced via their partner program, and if approved, from books scanned under the Google Book Settlement. [NEW]
-A possible fourth contender in the ebook race are smartphones. The only reason I have not included them as a separate category is because the content being read on them tends to come from the other three big players I have already mentioned, ie, Apple, Amazon, Google. -Although not strictly a dedicated reading device, smartphones, and iPhones in particular, have grown enormously in popularity over the last 2 years. Whilst the purists probably can’t ever imagine reading on such a small screen, there are millions of early adopters who disagree. Reading applications, such as Stanza, are consistently amongst the most popular downloads at the Apple ‘App Store’.-Also, general iPhone sales figures are staggering. For example, In the last US fiscal quarter: Apple sold a record 8.75 million iPhones – which translates to about 32million in a year – that’s more than 1 iPhones for every man, woman and child in Australia. iPhone revenues totalled about $5.45 billion, or about 40 percent of the company’s overall quarterly revenues. And of course, Apple is just one of the players in the smartphone market.[NEW]Again, anecdotally I am amazed how many people I see with iPhones (from all demographics), and how many people I see on the train who appear to be reading something.
For decades now pundits have been proclaiming the ‘death of the book’, but the paper tradition has been remarkably resilient. In fact, surprisingly resilient. Whilst journals and newspapers made the transition more than a decade ago, the hardcopy book is still the bedrock of publishing.Some of you may have heard the running joke that ‘the second book published on the Gutenberg press was about the death of the publishing business’. All kidding aside, the slowness of the digital revolution has many to become sceptical as to whether this ‘revolution’ will ever actually occur.A survey from Frankfurt last year sheds some interesting light on the current state of the ebook zeitgeist.
-In particular, the first and last of these statistics are interesting. -These results at least indicate that our peers seem to think we are at the ‘tipping point’, rather than the ‘wolf crying’ stage.-The current major investments being made by Amazon, Apple and Google also seem to support this position. -Personally I think the key drivers will be segments (trade vs education), and the emotional attachment you have to the material you are reading.-My example, MBA Kotler marketing textbook vs The Very Hungry CaterpillarTo paraphrase Charlton Heston in his position as president of the National Rifle Association, “I’ll give you that book when you take it from my cold, dead hands.”
Let’s take a look at who are members are in a little more detail.CAL creators are a diverse range of professionals along with people who might simply write a letter to a newspaper or contribute to a magazine. Whilst most of our authors receive money for mostly non-fiction and educational content, poets and playwrights can also be copied by educational institutions. We also have an interesting cross section of visual artists members. Cartoons, illustrations, graphs and charts are all classed as “artistic works’ under the Copyright Right and CAL has a dedicated distribution pool call the Illustration Fund for these artistic works.
Our publisher constituency is also a varied mix of traditional and educational publishers of books ,journal and newspapers. But we also have members whose corporate publications or websites have been copied but for whom publishing as most people know it, is not their core business. A lot of what we call ephemeral material is copied by our licencees, the schools and tertiary institutions for example. So this can mean anything from a company board report or a newsletter from a historical society or even product packaging.And of course there are many self-publishers who are utilising digital technologies to make their content available on line. CAL surveys 100 schools nationally each year to see what websites teachers are using in their teaching day as part of our Electronic Use Surveys.
This presentation is about CAL’s experience in licensing schools for digital use, but to tell this story we first must go back to our experiences licensing hardcopy use. As we shall see digital and hardcopy are closely intertwined, and despite some exceptions, the approach CAL has taken with both has been much the same. Our strategy for both digital and hardcopy reproduction has been quite simple – License schools to pay something and get them to collect data on usage, and then establish rates for use over time based on usage data in terms of volume, type and usage.
- The first and most challenging step in licensing schools is to agree a licence and have them pay something – anything, no matter how small the initial amount. Options are to lobby Government for legislative changes, negotiate with schools on a voluntary basis, litigate against schools (with the obvious problems), or mount awareness campaigns to attempt to persuade stakeholders to your way of thinking. In CAL’s case, we had some supportive legislative changes that gave us a kick start.
This slide shows a summary of the supportive legislation that helped to establish CAL. Statutory (Legal) licence provisions were incorporated into our Copyright Act in 1981, and schools were allowed to legally copy from works provided that they adhered to a few rules. We had the legislation, but we now needed a strategy to turn that legislation into a practical system that would reward creators.
- The first part of CAL’s strategy was to focus our negotiations with one peak body that represented all schools in Australia. Whilst we may have been able to negotiate better deals separately, it was our view that this would have been less effective in the long term.
- Once we had the foundation of our schools licensing system in place, the challenge then became to build on this over time. This building phase was a gradual and iterative process, though we did have one major growth spurt.
But looking back, in 1981 our Copyright Act was amended to allow for copying under Statutory Licences – but it was not until 1985 that the Copyright Tribunal set a rate for this copying, which at the time was 2 cents per page.However, having this rate set, and getting schools to pay are two completely different things. In order to get schools used to the idea of paying, we struck commercial deals – deals that in retrospect were well below this 2 cents per page set by the Tribunal. But having these deals in place, gave us the opportunity to collect copying data – data that would be invaluable when we next went to the Tribunal.And in the end, we have come full circle, and are now striking commercial deals once more.
[Jim to add text on importance of data]
-The 2001 Tribunal case resulted in a significant uplift in CAL’s revenue. Our success in this case was because we had plenty of evidence to support our arguments – in the form of precise copying data. Whereas in previous years we had agreed to commercial deals with schools, for the sake of establishing a payment structure, now we felt we could approach the Tribunal with a solid case.We were successful, and in two key areas. Firstly, because we now had copying data – and in particular volume data. The Tribunal could revise rates based on actual copying levels. And similarly, because we knew what types of works were being copied, we could targue for payments for those works on a differential basis.
-The upshot of all of that, was that from 2002, there was a big spike in our revenues from schools, which then grew consistently over time in relation to increased copying levels. -As you can see, the graph is starting to taper off now, which is why we have returned to commercial negotiations. These negotiations offer schools the benefit of a fixed price, and CAL has the benefit of revenue certainty.