Licence Terms
1 Explanatory Note
This document sets out the terms upon which the Print Media Copyright Agency (referred to as "the PMCA") grants non-exclusive licences for the copying of cuttings from print media publications. The PMCA is authorised by the publishers of certain publications to grant non-exclusive licences to copy cuttings (i) for distribution to personnel for internal management purposes and (ii) in certain specific cases, detailed below, to supply cuttings to third parties for their internal management purposes. Full details of the participating publications is available from the PMCA.
2 What is covered by this licence?
2.1 Subject to (i) the limitations set out in Section 3, and (ii) the rights that you elect to take when making the application, the licence gives licensees the right:-
• to make photocopies, on paper both ad hoc and systematically as part of a press clipping distributions service, of clippings taken from PMCA publications.
• to fax clippings taken from those publications.
• to digitally scan clippings, or to receive digital clippings from a third party, for circulation by email or other electronic means, from PMCA publications subject to specific conditions set out below.
• for press clipping agencies (including public relations firms) and trade or professional associations the right to undertake any of the types of copying above subject to specific conditions set out below.
2.2 Upon payment of the fee (referred to below) the licence takes effect from the Commencement Date set out above and completed by the PMCA when it signs the licence.
2.3 The licence is also granted to subsidiary companies of the licensee. The licensee is asked to provide details of these in the application form.
2.4 Provided the terms of the licence are complied with, the PMCA gives an indemnity for damages and reasonable legal costs incurred as a result of the licensee having made copies in accordance with the licence. This is subject to the licensee invoking this indemnity in giving notice to the PMCA within seven days of its receiving notice of any claim. A licensee may defend at its own cost, provided that it keeps the PMCA informed of the steps that it takes.
3 Limitations to the licence
3.1 The licence is limited to copying taking place within New Zealand. However, a licensee may send copies of cuttings to its foreign parent company and subsidiaries, provided that it applies for this right. In this situation the basic licence fee is calculated on the company’s world-wide headcount.
3.2 The licence is limited to copying set out in paragraphs 2.1 and the special conditions in paragraphs 3.4, 3.5, 7, 8 and 9 below.
3.3 The licence does not include a licence to copy advertisements appearing in publications..
3.4 No more than 25 cuttings may be copied from each publication each day. A licensee who wishes to copy more than 25 cuttings must apply in writing to the PMCA for the right to do so and pay an additional fee .
3.5 A basic licence allows organisations to receive clippings electronically (from a Press Clipping Agency) and print them out. It does not permit any electronic distribution of the clipping, or storage beyond twenty four hours after the initial viewing of the clipping.
4 The Licensee's and subsidiaries’ obligations
4.1 To pay the licence fees referred to in section 6 below.
4.2 To ensure that copies of cuttings distributed to personnel of subsidiaries are used only for internal management purposes and other purposes provided for in the licence.
4.3 To ensure that each copy or collation of copies made as part of the licensee's regular clippings service are stamped with a notice stating: "This clipping was produced under licence and a copyright fee paid. No further copies may be made without the licence from the PMCA".
4.4 To make accurate and true statements in applying for the licence.
4.5 To renew the licence at the start of each 12-month period in which copying is intended. Failure to renew the licence may result in unlawful copying.
4.6 Not to assign or sublicense the licence without the prior written consent of the PMCA.
4.7 To accept that the PMCA is under no liability for the contents of any publications copied under the licence.
5 Length of the licence
5.1 The licence begins on the Commencement Date. The licence lasts for 12 months but is renewable for further 12-month periods subject to the licensee paying the fee due on or before each anniversary of the Commencement Date.
5.2 The licensee may terminate the licence by 30 days written notice to the PMCA.
a) The PMCA may also terminate the licence for cause by giving 30 days written notice to the licencee of any material breaching the term of the licence. This is subject to the licensee receiving 30 days written notice requiring that the licensee remedy the breach.
b) The licence may be terminated by consent or agreement between the parties and termination of the licence may occur within 30 days of such consent or agreement between the parties.
6 Fee for the licence
6.1 The fee, which may have several components depending upon the types of copying you undertake, is payable upon the grant of the licence and covers a 12-month period from the Commencement Date. The first annual fee are calculated in accordance with the PMCA's current tariff set out in the Price list.
6.2 The fee for the licence after the first 12-month period is calculated in accordance with the PMCA's tariff then in force.
6.3 The PMCA will send a renewal form shortly before the end of each 12-month period to the Licensee for its completion and return. The PMCA will then submit a renewal invoice for the renewal fee and GST due.
6.4 In the event that the renewal form is not returned by the Licensee (by the end of the 12-month period prior to renewal), the PMCA will submit a renewal invoice based upon the current tariff.
6.5 Invoices issued by the PMCA for all fees are payable within 30 days after issue. The PMCA is entitled to interest upon overdue amounts of 10% pa.
7 Registered Charities
7.1 A registered charity that is not an educational establishment may also be issued with a licence free of charge if it can satisfy the PMCA that
• it does not represent commercial organisations;
• it is not itself acting in any way as a commercial concern;
• donations made by members of the public constitute the largest single source of its income; and
• it provides no direct or significant indirect financial benefit to its members.
Charities fulfilling all of these criteria should supply a statement to this effect, enclosing a copy of its most recent annual report and accounts, along with a standard licence application.
8 Specific conditions applying to digital rights
8.1 A digital copying fee, which is payable in addition to the licence fee, is calculated in accordance with the current tariff set out in the price list.
8.2 The digital licence does not cover publications marked with "ND" in the Publications List. Publications marked “7D” can be stored in electronic form for a maximum of 7 days.
8.3 Clippings must be permanently deleted from digital systems within seven days of scanning/receipt or at the end of the licence period depending on the licence option selected.
8.4 Any member of the licensee's personnel may make a single copy on paper of an electronic clipping for their own use in the course of their work.
8.5 Clippings may not be converted to searchable text by any means, including but not limited to, the use of optical character recognition technology.
8.6 The number of Clippings a licensee may upload to a website is limited to the number selected on the licensee’s application. Clippings can only be displayed on one website (URL), which has been previously identified to the PMCA on the licensee’s application. A web publication fee is charged in addition to the applicable annual digital licence fee (covering internal copying).
9 Copying for external users
9.1 Where the appropriate licence or licence extension has been purchased (NB: Press Clipping Agencies should note that their licence is subject to a separate set of terms available from the PMCA), organisations may make and supply photocopies, fax and email copies of clippings to their clients, members, advisors, or recipients named. However, the right does not extend to certain titles marked "ND" in the Publications List in respect of digital copying. Clients that wish to reproduce the cuttings they receive will need to obtain a licence directly from the PMCA.
9.2 Organisations supplying clippings to external may annually provide names, addresses (postal and e-mail), telephone numbers and fax numbers of each client, member, advisor or other recipient named in the application form and the name or contact within the recipient organisation in which it makes and supplies copies of clippings along with details of the copying for each client provided that:
a) The organisation supplying clippings to external users may, during the course of the year, advise the PMCA of any additional names of recipient organisations for which it supplies copies of clippings along with the details of the copy for each client
OR
b) May advise the PMCA during the course of the 12-month period of any names of recipients to be removed from the list earlier provided and the fees payable to the PMCA shall be adjusted pro rata accordingly.
9.3 Organisations that qualify for a ‘Trade and Professional Associations Licence’ must source the clippings that they on pass from a Press Clipping Agency and supply no more than 10 clippings per week, per destination.
10 Other matters
10.1 Waiver
If the PMCA waives, acquiesces or delays in enforcing any breach of the licence this shall not be held against it in relation to later breaches.
10.2 Entire Agreement
The licence together with the documents referred to in the licence including the fee tariff leaflet and list of newspapers set out the full terms of the agreement between the licensee and the PMCA and may not be amended except in writing and signed by the PMCA and the licensee.
10.3 Notices
Any notice given under this licence will be in writing delivered to the relevant party or sent by post, email or facsimile transmission at such address or number as may be notified in writing by each party to the other from time to time. Any such notice will be deemed received at the time when the same is handed to or left at the address of the party to be served and if served by post two days after the day of posting and if served by email or fax on the day of sending to the correct email address or fax number.
10.4 Confidentiality
Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with this licence. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by this licence. For the purpose of this clause, ”Confidential Information” includes all information exchanged between the parties to this licence, whether in writing, electronically or orally but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
11 Proper Law
The licence is governed by the laws of and subject to the jurisdiction of the courts of New Zealand.