Summary

6.1 Statutory licences allow for certain uses of copyright material, without the permission of the rights holder, subject to the payment of reasonable remuneration. They are a type of compulsory licence; where the licence applies, rights holders cannot choose not to license their material.

6.2 This chapter proposes the repeal of the statutory licences for educational and other institutions in pts VA and VB of the Copyright Act, and the statutory licence for the Crown in pt VII div 2 of the Copyright Act.^[1]

6.3 The digital environment appears to call for a new way for these licences to be negotiated and settled. Like most other licences for use of copyright material in Australia and abroad, these licences should be negotiated voluntarily. Voluntary licences—whether direct or collective—are less prescriptive, more efficient and better suited to a digital age.

6.4 This reform should help Australian educational institutions and governments take better advantage of digital technologies and services. New licensing models may also facilitate more efficient remuneration of rights holders.