These are the Payback Terms and Conditions which apply to any and all claims made by individual rightsholders (“Rightsholder”) and those who represent them (“Authorised Representatives”) when making claims through the Payback scheme.
In these terms and conditions, references to the singular form include the plural form and vice versa. References to ‘you’ and ‘your’ means the Rightsholder or Authorised Representative as applicable. These terms and conditions contain wording that can apply to both Rightsholders and Authorised Representatives and the wording applies accordingly unless otherwise indicated.
The Payback online form requires you to accept the Payback Terms and Conditions by ticking a box to show you have read and accepted these Payback Terms and Conditions.
Ticking the box next to ‘I agree to the DACS’ Payback Terms and Conditions’ on the Payback online form (the “Acceptance Tickbox”) shall have the same effect as signing and dating the Mandate and Declaration section of a Payback paper claim form to which these Payback Terms and Conditions apply equally.
Please ensure that you have read and understood these Payback Terms and Conditions before ticking either the Acceptance Tickbox or signing and dating a Payback paper claim form. Once you have done so, please ensure that you complete the relevant section of the Payback online form or a Payback paper claim form as indicated. DACS cannot process your claim or claims without your acceptance of these Payback Terms and Conditions by either ticking the Acceptance Tickbox or signing and dating a Payback paper claim form.
Payback Mandate
By signing the Payback Mandate on a Payback paper claim form or by ticking the Acceptance Tickbox on the Payback online claim form you confirm that you understand and agree to the following Payback Mandate (references to ‘I’ and ‘my’ in the Payback Mandate refer to the Rightsholder or Authorised Representative as applicable):
I grant to DACS an exclusive* licence and a mandate to negotiate, claim and administer the secondary rights in my artistic works, or the secondary rights in the artistic works of those individuals to the extent I am authorised to represent and claim for them (the ‘Authorisation’). I warrant that I have full right and title to grant this Authorisation. In consideration for granting this exclusive licence I will become a Payback Member of DACS.
It is agreed that the Authorisation applies to all uses made in respect of which royalties are being paid out under the Payback scheme for now and in future until my Payback membership is terminated.
This Authorisation extends only to secondary uses** of artistic works that DACS manages through collective licensing schemes on a collective basis and does not transfer any authority to DACS to issue individual primary licences on my behalf, nor does it transfer the ownership of copyright to DACS.
As the exclusive licensee under this agreement DACS is authorised to collect royalties in its own name from collective licensing schemes or other collective licensing mechanisms and other sources and agreements, and to deduct administration charges at such rate as shall be determined by the Board of Directors of DACS from time to time, subject to approval of voting members at DACS’ annual general meeting. DACS will pay royalties in accordance with its normal royalty distribution policies adopted from time to time by its Board of Directors. The relevant sections of DACS’
Code of Conduct shall apply to my Payback membership.
I understand I can
terminate my Payback membership of DACS at any time by giving one month notice in writing, such termination to take effect upon 31 December following such notice (i.e. notice must be received by DACS by 30 November in order to take effect on 31 December that year). I acknowledge that by terminating my Payback membership I may still be required to actively opt out of any existing collective licensing schemes operated by third parties and that existing licences including my work may continue to cover the licensed uses of my work until such licences expire. DACS will not incur any liability in this respect. I further understand that:
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the Authorisation applies to uses of my artistic works made prior to the effective date of termination of my Payback membership;
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DACS will continue to collect royalties in relation to uses in relation to that period;
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any claim I wish to make in relation to those royalties must be made through DACS’ Payback scheme; and
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I must notify DACS before making any such post termination claim by contacting the Payback team via ([email protected]).
I undertake to notify DACS of any changes to my contact and payment details and to my VAT registration status.
* Exclusivity is limited to the actual uses of the work claimed and paid for under DACS' Payback scheme. This allows individual Rightsholders and Authorised Representatives to license all other uses that are not covered by the Payback scheme.
** Secondary uses include, but are not limited to, the uses currently licensed by the CLA for the photocopying, scanning, printing and digital re-use, TDM and communication of works that are part of composite works, like books and magazines, and also licences governing document delivery services; the uses made under the educational recording licences currently operated by ERA and uses made under cable retransmission; but also any similar uses, including international uses, of works remunerated through levy systems, blanket licences etc.
Declaration
The Declaration which applies to you will be determined by the claim or claims that you make in your capacity as visual artist, Authorised Representative or beneficiary of a visual artist’s estate.
For visual artists:
I declare that I am the sole creator and copyright owner of the works I have included in my claim. These works were not created in the course of my employment. I consent to DACS making appropriate enquiries to validate this claim. I agree to give supporting evidence if required. To the best of my knowledge the information I have provided is accurate and true.
For Authorised Representatives:
I confirm that I am/was authorised by the visual artist(s) or copyright owner(s) the subject of this claim to act as their representative and to make this claim for Payback royalties on their behalf. I understand and agree that DACS shall have the right to require me to supply any information requested to support my confirmation of authorisation. I further confirm that the revenue resulting from this claim will be paid to the visual artist or rightsholder, the subject of this claim and I consent to DACS making appropriate enquiries to confirm this. For VAT purposes, I confirm I act(ed) as principal with regards to the visual artist’s work. I also confirm that the copyright in the works contained in the claims I am making is controlled by the individuals or entities I am claiming for, and that no works were created in the course of an individual’s employment. DACS shall have the right to require me to provide supporting information. To the best of my knowledge the information I have provided is accurate and true.
For beneficiaries of a visual artist’s estate:
I am the beneficiary of the estate of the visual artist(s) named in this claim, in the proportion which I have indicated in this claim.
I confirm that the works for which I am claiming were not created in the course of the visual artist’s employment. I consent to DACS making appropriate enquiries to validate this claim. I agree to give supporting documentation if required. To the best of my knowledge the information I have provided is accurate and true.
DACS reserves the right to verify the data provided and does so regularly through independent sources and we will act on false claims.
Warranties and Representations
You warrant and represent to DACS that you have the right to enter into this agreement, to make a claim for Payback royalties in your own name or on behalf of the visual artist(s), and that you can grant the necessary rights to DACS to collect the relevant royalties from third parties.
You hereby indemnify and agree to indemnify and save and hold DACS harmless and to keep DACS at all times fully and completely indemnified of, against and from any claims, actions, proceedings, liability, loss, damage, costs and expenses which DACS incurs or suffers by reason of you being in breach of the warranties in this agreement.
Limitation of Liability
Please note that becoming a Payback Member does not guarantee that you will receive Payback royalties as this is dependent on you making a valid claim and DACS’ receipt of revenues for the secondary use of artistic works as explained above. DACS’ ability to pay out Payback royalties is limited to the amount DACS collects for distribution under the Payback scheme and subject to the deduction of the applicable administration charge as determined by the DACS Board from time to time, subject to approval of voting members at DACS’ annual general meeting.
Variation
We amend these Payback Terms and Conditions from time to time. Please look at the bottom of this page to see when these Payback Terms and Conditions were last updated and which terms were changed.
Governing law and jurisdiction
These Payback Terms and Conditions shall be construed in accordance with English law and you and DACS submit to the exclusive jurisdiction of the English courts.
Privacy Policy and Website Terms of Use
DACS’
Privacy Policy applies to all personal information supplied by you as part of the Payback claim or claims made by you. DACS’
Website Terms and Conditions and
Cookies Policy apply to all uses made of DACS website as part of the Payback claim process. Before submitting a Payback claim, you must agree to DACS' Payback Terms and Conditions, which incorprates these documents.
Updated January 2024.