A licence to copy

A number of performing arts organisations have been contacted recently by the Newspaper Licensing Association (NLA) with strongly worded requests that they join NLA’s scheme and pay for the right to copy newspaper articles and pay back-payments for past copying at six times the annual fee. These requests can be alarming, and it may be that NLA is looking to focus efforts on performing arts organisations.

NLA is set up by the UK newspaper industry and licenses reproduction of newspaper content for internal purposes (such as photocopying, scanning or emailing). Newspaper content is no different from other copyright material in that in principle all reproduction needs to be licensed. Exceptions to this rule, such as fair dealing, do not in general apply in this context.

In my experience NLA seems to presume unauthorised copying has taken place and may contact managers direct, who may feel there is no choice but to return the completed forms and pay the licence fees. Before doing so, it is important for the organisation to consider whether a licence is required and whether past unauthorised use has taken place. Once signed up, there is a significant ongoing reporting obligation and the fees can be substantial.

As a matter of good practice, every organisation should review how it uses copyright material, including the internal use of newspaper content. It may be sufficient for the organisation’s needs to keep a central file of cuttings and, to the extent additional copies are needed, then additional newspapers can be bought. An NLA licence would not then be required. Synopses of reviews need not require copyright clearance, and it may be sufficient to record whether reviews are favourable or unfavourable and where the organisation keeps the hard copies.