By: David Hoffman

David Hoffman — Tue, 11 Jul 2017 17:07:05 +0000

Apologies for the capital letters – this is a bug with the BPPA comments and there’s nothing I can do to stop it.
Oh dear. Here we go again.
This is just a re-run of the hysterical call to man the barricades that Andrew launched with the Digital Economy Bill and again with the Orphan Works regulations. Both were painted as evil attacks on the very heart and soul of photography. In fact, neither have had the slightest effect on our businesses.
DACS FAQs here:
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https://www.dacs.org.uk/knowledge-base/ecl-frequently-asked-questions.aspx
and I’ve pulled out the relevant responses below.

Can I opt out of ECL?
Yes, though only once the ECL scheme has been set up. Enabling rightsholders to opt out of the scheme is an essential pre-requisite for setting up an ECL. If the CLA’s application to run an ECL scheme is successful then they will be required to provide clear guidance about how you can opt-out. DACS will also make this guidance available on our website and publicise it to our members.

If you are ultimately opting out of an ECL that the CLA may operate once approved, you would no longer be able to claim any Payback royalties for these secondary uses of your works as they would fall outside of the licence that CLA offers to its licensees.

At this stage, if you do not agree with CLA’s application to operate an ECL, then you should state in DACS’ poll, that you are not consenting to CLA’s ECL application.

Re: primary licensing: What’s the difference between primary licensing and secondary uses?
Primary licensing refers to the original reproduction of a work in a book or magazine, and this is licensed directly by the copyright holder.   The royalties available through Payback, via the CLA, are for the secondary uses of your artwork, for example when people photocopy, scan or record it.  For example, when a student in a library wants to photocopy pages from a book which features your work. As the creator of the work being photocopied, you are entitled to a royalty, but rather than ask the student to contact you every time they photocopy your work, the library pays an annual licence fee to the CLA that covers their students photocopying copyright protected books.  The CLA operating an ECL simply means that their current business of selling secondary use licences to universities, schools, business etc. will be extended to rightsholders who are currently not formally represented by any of the CLA member organisations: DACS, ALCS, PLS and PICSEL.   It does not give the CLA greater rights or permission to carry out primary licensing on behalf of rightsholders.
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Photographers voting ‘no’ is unlikely to change the result, we’re outnumbered. In any case the only effect of stopping the ECL will be to reduce the amount of money that trickles down to us from Payback.
I hope that Andrew and any others opposing the ECL will have the integrity put their money where their mouth is and also opt out of it so that the rest of us can share the money they’re tossing away. But I’m not holding my breath.
Meanwhile the BPPA seems entirely unconcerned by the real hijack of our Payback money that BAPLA/PICSEL is preparing or by the Hyman Archive dumping its promises of ‘no primary licences’ and trying to establish a licence to market anything and everything ever published in a magazine.
David Hoffman

Comments on: Why is the DACS vote important?

By: David Hoffman