Isentia and Copyright Agency finally reach a licensing agreement

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Isentia has entered into the new Standard License Terms proposed by the Copyright Agency. This agreement puts an end to the long procedure initiated by Isentia before the Copyright Tribunal of Australia against the Copyright Agency.

Isentia, owned by UK company Access Intelligence, has held a copyright license with the Copyright Agency for over 20 years. The new terms will be available to media monitoring organizations until at least the end of 2025.

Copyright Agency Chief Executive Josephine Johnston said: “The agreement on the new standard license terms is an important milestone for the industry as it provides an opportunity for stability and consistency for existing and new entrants to the area. It will be offered to all other media monitoring organizations operating in Australia.


Joanna Arnold, Managing Director of Isentia, said: “We are delighted to be working together with Copyright Agency again and are confident that this agreement marks the start of a constructive new era for the industry. Isentia recognizes the valuable rights of copyright owners and this agreement ensures that media monitoring organizations are responsible for the use of their content. This is a highly competitive market, driven by innovation and technology, and this shift to standard terms helps provide the level playing field needed to encourage this. »

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New Industry License Terms Cover the Copyright Agency’s Full Repertoire of Australian and International Licensed Content in Print and Online Publications with an Informed Assessment of the Copyright Tribunal Ruling .

In October last year, the Copyright Tribunal decided to accept Meltwater’s proposed copyright license almost in full after a four-year battle with the Copyright Agency. author.

The Court rejected the licensing structure proposed by The Copyright Agency, which would have resulted in a 300% increase in costs.

Earlier still – in July 2022 – the Copyright Agency posted on its site: “The Copyright Tribunal (“the Tribunal”) has issued its decision in the long-running tariff case that media monitoring companies, Isentia and Meltwater, should pay to use print and digital content from news publishers in their monitoring services.

“The case for Media Monitoring Organizations (MMOs) began in 2017 following the development of a new licensing model by the Copyright Agency. In October 2021, the Tribunal issued its ruling which largely rejected this model in favor of alternative arrangements offered by MMOs. The Tribunal refrained from releasing its full findings and details of the settlement that will run until 2025 at that time while commercial confidentiality issues were considered. They are now published here.

“The Copyright Agency has sought judicial review of certain aspects of the Tribunal’s decision. The Full Federal Court heard this appeal in early May 2022 and the Court reserved judgment. In the meantime, Isentia and Meltwater operate under court-ordered license terms that are far removed from the model we have developed on behalf of members and rightsholders.

“While disappointing, we recognize that this means that while we await the outcome of the call, we need to review our approach to what is a complex and evolving area of ​​global licensing with executives differences between rights holders and users of applied content around the world.

“The way media companies publish content has changed significantly in recent years with the rapid growth of digital content and multiple delivery channels. Therefore, there will be an ongoing need to review and update licensing frameworks as appropriate. The common goal should be to provide a fair and sustainable framework for all parties, and the Copyright Agency will continue to advocate for our members and rightsholders in this regard.

“Given the Tribunal’s decision and the ever-changing distribution and use of media content, Copyright Agency has already engaged an independent expert to provide advice on how best to approach the development of recommendations for future MMO license agreements.”

No doubt the protracted legal action and a cheaper deal with a significant reduction in royalties will likely put publishers out of the game, with Isentia also fighting another legal battle on a different front.

In November last year, News Corp Australia’s Australian arm, Australian News Channel, launched proceedings in Federal Court against media monitoring company Isentia.

According to the Federal Court filing, Australian News Channel brought an action against Isentia for breach of Australian intellectual property and copyright laws.

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