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Australian Vice Chancellors Committee
CAL Remuneration (Sampling) Agreement 2000
Information For Sampling Universities
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The Remuneration (Sampling) Agreement between Copyright Agency Limited (CAL), Australian Vice-Chancellors’ Committee (AVCC) and 29 sampling universities was signed on 2 March 2000. Since then four more universities have signed the Agreement, making a total in sampling of 33 universities. The provisions of the Agreement for those 33 universities, and any other universities, which elect to participate in this sampling Agreement in future, are:
Universities are covered for all print and graphic copying done by or on behalf of the university, for the educational purposes of the university, until 31 December 2002.
The "educational purposes of the University" include:
- Making the copy available to students as part of a course of study at the University;
- Retention in the University library or elsewhere (eg. by a staff member) as a teaching resource; and
- The administration of students and courses.
Copies made in digital form or distributed to students by digital means are covered.
All copying, including digital copying, must comply with the limits prescribed in the Copyright Act, i.e.
- 10% or one chapter of a book (whichever is the greater);
- more than this if the work is out of print or unobtainable in a reasonable time;
- the whole or part of an article in one issue of a periodical;
- two or more articles in one issue of a periodical if they are on the same subject;
- the whole or part of a literary or dramatic work in a published anthology if not more than 15 pages;
- an artistic work which accompanies a literary or dramatic work for the purpose of explaining or illustrating text;
- the whole or part of an artistic work if it is not separately published or is unobtainable in a reasonable time.
There is no requirement to mark copies under the Agreement.
The remuneration payable to CAL will be a flat rate of $25 per EFTSU in 2000, increased in accordance with increases in the CPI in 2001 and 2002.
Copying for Continuing Education and other students not reported in the EFTSU figures will be covered under a separate Agreement, as in the past. Please see attached table for details of which categories of students are covered or not covered under each Agreement. Copying for TAFE students is currently covered under separate agreements. This matter is being addressed by the AVCC.
Sampling of six universities each year will continue for CAL’s distribution purposes. The sampling system which applies in 2000 is an Interim one, ordered by the Copyright Tribunal, and there may be changes to the sample design in 2001 and 2002.
Digital copying will be sampled as soon as a digital copying survey design is completed and agreed by the parties. Meanwhile you are permitted to copy in digital form.
At the conclusion of the three year period covered by the Agreement, CAL may not make any retrospective claim against the university system for increased remuneration. However, this does not preclude CAL using the sample results to claim increased remuneration in future.
Coverage for copying for different categories of students under CAL
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Category of students for which copying done |
Reported in EFTSU? |
Copying covered under CAL Agreements? |
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A.Copying done in Australia |
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1. Enrolled in Higher Education courses at an Australian university |
YES |
Yes, sampling agreement clause 1.1 ("licensed copies"), and record-keeping guidelines |
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2. Enrolled in Continuing Education, Open Learning, or fee-paying short courses at an Australian universtiy |
NO |
Yes, agreement to be finalised shortly for both sampling and r-k |
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3. Enrolled in any course at an Affiliated institution of an Australian university in Australia |
Some Yes, some No. |
Under sampling yes, under either 1 or 2; for record-keeping see comments under Screenrights |
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4. Overseas students residing in Australia, enrolled at an Australian university’s "international campus" in Australia, receiving distance education materials |
YES |
Yes, under 1. |
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5. Residing overseas, enrolled at an Australian university as an External Student |
YES |
Yes, as for 1. |
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6. Residing overseas, enrolled at an off-shore campus of an Australian university (Australian qualification) |
YES, separately from 2000 |
Yes, if included in $25 per EFTSU or reported under r-k |
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7. Enrolled in an overseas university set up by an Australian university (overseas qualification) |
NO |
Not covered |
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8. Enrolled in an overseas university with a twinning arrangement with an Australian university |
NO |
Not covered |
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B. Copying done off-shore |
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9. Enrolled in an off-shore campus of an Australian university (Australian qualification) |
NO |
Not covered, not the subject of Australian Copyright Law |
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10. Enrolled in an overseas university set up by an Australian university (overseas qualification) |
NO |
Not covered, not the subject of Australian Copyright Law |
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11. Enrolled in an overseas university with a twinning arrangement with an Australian university |
NO |
Not covered, not the subject of Australian Copyright Law |
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