DACS' statement on its dispute with the Copyright Licensing Agency

DACS has released a statement about its ongoing dispute with the Copyright Licensing Agency (CLA) regarding the share of royalties owed to visual artists through the collective licensing scheme it operates. These royalties are distributed annually to artists through our Payback scheme.

Our statement

Payback is a well-established scheme that DACS has run for over a decade on an annual basis, benefiting tens of thousands of visual artists. Payback distributes royalties for secondary uses of works by photographers, illustrators, and fine artists amongst others (Payback members). DACS receives these royalties from a variety of collective licensing schemes, the main one being through an agreement with the Copyright Licensing Agency (CLA). This agreement is now being challenged by the CLA.
 
DACS has called on the support of the Association of Illustrators, Association of Photographers, Editorial Photographers UK, and the National Union of Journalists to help us protect the current Payback scheme. They have asked their members to provide data to help determine the share of CLA monies due to visual artists (through CLA’s valuation process), and to provide any evidence of where claimants were being placed under pressure to sign away secondary rights.
 
However, CLA has so far not accepted that the current arrangement should continue until at least September 2017 and is trying to force a different solution that would curtail and possibly risk the future of the Payback scheme.
 
In the meantime, DACS has sought mediation to resolve the dispute with the CLA and has also brought the issue to the attention of Members of Parliament and the Minister for Intellectual Property, Baroness Neville-Rolfe. The dispute with the CLA was brought up in a House of Lords debate, which evidences the fact that the possible loss to visual artists is being taken seriously. A date for the mediation has been set for March.
 
DACS is taking this matter very seriously and is working hard to achieve a solution that safeguards the rights of Payback members. DACS is committed to finding the best possible solution for visual artists and we will keep our members updated on these issues and the outcome of the dispute with the CLA.
 
If you have previously provided data for the valuation process or evidence of pressure to sign away rights, and have any questions, please get in touch with us: [email protected]