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Unit Application and Vesting Deed

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					                                                  Unit Application
                                                  and
                                                  Vesting Deed
        This is an application for units, and an agreement between a
                               copyright owner

  Name of Copyright Owner

                                              and
                                 The Australian Copyright Trust
  By which the Copyright Owner vests certain Copyright in the Australian
Copyright Trust and becomes a beneficiary under the trust deed for the use of
 that Copyright by the trust, and receives a licence to use that Copyright for
                any purpose except in certain circumstances

 NOTES:                                                                                             OFFICE USE ONLY
   1.    The inner pages comprise the formal application and agreement and should be             Received:
         completed by the copyright owner. Make sure you complete both parts of the
         document.
                                                                                                            ____/____/____
   2.    A copy will be returned to the copyright owner when it is checked and executed by the   Checked:
         Australian Copyright Trust
                                                                                                            ____/____/____
   3.    This agreement will be supplemented by a “Record of Copyright Material” form to
         help identify your works and to determine if your works have been copied by licensees   Entered:
         or by institutions copying under statutory licences
                                                                                                            ____/____/____
   4.    Please read the information about copyright and the role of the Australian Copyright
         Trust on the back page before completing this agreement                                 Owner Number:

   5.    Post this form to the address below
   6. Call the IP Hotline on 07 3366 4295 for more assistance or information
                                                                                                       Form Revised
                                                                                                       to March 2001




                                                                 Level 1, Silverton Place
 The Australian                                                  101 Wickham Terrace, Brisbane QLD 4000
                                                                 GPO Box 3175, Brisbane QLD 4001
 Copyright Trust                                                 Phone : 07 3831 6668 Fax : 07 3832 6398
                                  Application for Units
TO: The Trustee of the Australian Copyright Trust

I/We

  Description of Copyright Owner

  Name :                                                                          ABN :


  Trading as :


  Address :                                                                      Postcode :


  Postal Address :                                                               Postcode :


  Phone :     (      )                                 Fax :   (      )


  E-mail address :



HEREBY APPLY for one Voting Unit in the Australian Copyright Trust.
Upon issue of units to me/us, I/we agree to be bound by the provisions of the Trust
Deed establishing the Australian Copyright Trust.


SIGNED :




                                                                                                 (Signature)


                                                                   Date : ____ / ____ / ________

NOTE: a Voting Unit ensures your participation in the Australian Copyright Trust. Classes of units for
calculation of the distribution of benefits from the operation of the Trust will be allocated in accordance with
the copyrights vested in the Trust This will be done from time to time as each unit holder’s proportion of the
copyrights is calculated.
                                                                         7.0 INDEMNITY
 Deed vesting Copyright                                                  7.1. The Copyright Owner indemnifies and agrees to indemnify the
                                                                              Trustee against any loss or damage suffered by the Trustee as a
    in the Australian                                                         result of any breach by the Copyright Owner of this
                                                                              Agreement.

    Copyright Trust                                                      8.0 NOTICES
                                                                         8.1. A notice shall be given to the Trustee by leaving it at its
                                                                              registered office or by sending it by registered post to it at its
THIS DEED is made on                                          2001            registered office
BETWEEN:                                                                 8.2. A notice may be given by the Trustee to the Copyright Owner
                                                                              either personally or by sending it by post, facsimile or email to
 _________________________________________                                    him at the address notified to the Trustee by the Copyright
                                               (“the Copyright Owner”)        Owner
AND : The Association of Consulting Surveyors                            8.3. Where a notice is sent by post, email or facsimile as the case
(Queensland) Ltd (ABN 23 010 425 724) as Trustee of                           may be, service shall be deemed to have been effected on the
                                                                              day after the date of its posting or transmission.
the Australian Copyright Trust (“the Trustee”)
                                                                         Executed as a Deed
for the vesting of the Copyright.
                                                                         SIGNED SEALED AND DELIVERED by the Copyright Owner
                                                                         (Individual)
WHEREAS:
(a)   The Copyright Owner is the owner of the Copyright
(b)   The Copyright Owner wishes to vest the Copyright in the            ______________________________________________________
      Trustee, subject to the terms of this Deed                         (Signature of individual Copyright Owner)
IT IS HEREBY AGREED AS FOLLOWS:                                          in the presence of :
1.0 DEFINITIONS
1.1. In this Agreement, unless the contrary intention appears:           ______________________________________________________
                                                                         (Solicitor/Justice of the Peace/C.Dec)
      “Vesting” means the vesting of the Copyright pursuant to this
      Deed;                                                              EXECUTED by the Copyright Owner (Company) in accordance
                                                                         with its Constitution and pursuant to the provisions of Section 127(1)
      “Copyright” means anything created during the normal course
                                                                         of the Corporations Law in the presence of :
      of practice in surveying by the Copyright Owner either alone
      or jointly with any other person whether now in existence or
      created in the future and in which the Copyright Owner has
      copyright including, but not limited to, cadastral survey plans,
      drawings or diagrams, subdivision and development designs,         ______________________________________________________
      engineering plans, topographic maps, digital terrain models,       Signature of Director/Copyright Owner
      thematic maps and diagrams either in a printed or digital
      format.                                                            ______________________________________________________
                                                                         Name of Director/Copyright Owner in full
2.0 VESTING
2.1. The Copyright Owner hereby vests the Copyright in the
     Trustee of the Australian Copyright Trust                           ______________________________________________________
                                                                         Signature of Director/Secretary
3.0 EXTENT
                                                                         ______________________________________________________
3.1. The vesting of the Copyright is absolute and worldwide              Name of Director/Secretary in Full
4.0 COPYRIGHT OWNER’S RIGHTS
                                                                         <><><><><><><><><><><><><><><><><><>
4.1. The trustee hereby grants a licence to the Copyright Owner to
                                                                         EXECUTED by the Association of Consulting Surveyors
     make any use of the Copyright, whether for commercial or
                                                                         (Queensland) Ltd as Trustee of the Australian Copyright Trust in
     personal use, except in circumstances where the use of the
                                                                         accordance with its Constitution and pursuant to the provisions of
     Copyright by the Copyright Owner is in competition with an
                                                                         Section 127(1) of the Corporations Law in the presence of :
     exclusive licence for use of the Copyright issued by the
     Trustee for the benefit of the Trust beneficiaries as determined
     in the absolute discretion of the Trustee from time to time and
     notified in writing by the Trustee to the Copyright Owner.
5.0 BENEFIT OF THIS DEED                                                 ______________________________________________________
                                                                         Signature of Director
5.1. This Deed shall enure to the benefit of and be binding upon the
     parties and their successors, trustees, permitted assigns or        ______________________________________________________
     receivers but shall not enure to the benefit of any other persons   Name of Director in full

6.0 WARRANTY
6.1. The Copyright Owner warrants to the Trustee that it has full        ______________________________________________________
     authority and powers to vest the Copyright in the Trustee of the    Signature of Director/Secretary
     Australian Copyright Trust and that the Copyright does not          ______________________________________________________
     infringe the copyright or other proprietary rights of any person    Name of Director/Secretary in Full
Notes about Copyright                                                                The Role of Australian Copyright Trust
Ownership                                                                            The Australian Copyright Trust will generally act as a collection society for
                                                                                     royalties due to authors for copying or other use of their copyright material.
Copyright Works                                                                      The Trust will negotiate licence agreements and administer the collection of
                                                                                     royalties from statutory licences.
Spatial information practitioners, in the course of their normal work, create        The Australian Copyright Trust will combine its knowledge of the industry
both “literary works” and “artistic works” in terms of the copyright                 and the copyright issues in order to :–
legislation.
                                                                                       • achieve maximum involvement and therefore the strongest voice in the
Literary works may include reports, feasibility studies, written procedures,             shortest possible time
quality assurance manuals, computer programs, data bases etc. Artistic works
may include survey plans (incl. RP plans), design plans, maps, diagrams etc            • provide any initial capital investment required during the initial stages,
                                                                                         thus sharing the load
Ownership                                                                              • proactively track down the copyright owners of surveying material and
The general rule in the Copyright Act 1968 is that the creator of a work (the            seek to include their material in the licence and royalty agreements
author) is the first owner of copyright. Exceptions to this rule, are :–                 negotiated
  • works created by employees in the course of their employment                       • actively look for new opportunities to extend the licence and royalty
                                                                                         agreements into new areas
  • certain commissioned works
                                                                                       • provide economies of scale by removing the need for individual
  • material made or first published by, or under the direction or control of,
                                                                                         practitioners to spend time and effort on matters related to protection of
    the Commonwealth or State Governments
                                                                                         copyright
  • copyright may be owned jointly where a work is the product of
                                                                                       • provide a united voice for the industry to copyright users
    collaboration
                                                                                       • provide an information hotline for copyright owners — an information
  • ownership of copyright can also be determined by an agreement between
                                                                                         line that is familiar with the industry and the copyright issues
    the parties concerned
                                                                                     The Australian Copyright Trust will seek to combine the resources of the
Works created by Employees and others                                                industry and combine the voice of the industry. The alternative is that
                                                                                     practitioners join a collection society individually or do their own thing
Copyright in works created by most employees as part of their job is owned           completely. Those options are always available. The Trustee firmly believes
by the employer. This may be varied by agreement, e.g. as part of an                 that a united effort will be most effective in most instances.
employment contract.
This does not apply to people working on a sub-contract basis. Subcontractors        Q&A
are separate legal entities from the principal and own copyright in the works        What is the Australian Copyright Trust?
they create as a general rule, unless some assignment is made.
                                                                                     The Australian Copyright Trust is a discretionary unit trust which has been set
Practitioners should clarify the situation by obtaining an assignment of the         up to commercialise Copyright, particularly in the field of spatial information.
copyright in any works created by a subcontractor to themselves. This needs
to be done in writing and a suggested assignment clause is available from the        Who are the Trustees?
Association. This clause could be used as a stand-alone for the assignment of        The Trustees of the Australian Copyright Trust is the Association of
past works or as a clause within a contract of engagement for future works.          Consulting Surveyors (Qld) Limited ABN 23 010 425 724 which is a
                                                                                     company limited by guarantee.
Commissioned works                                                                   How do I become a member of the Australian Copyright Trust?
Copyright in commissioned works, such as books, designs plans, survey                You may acquire units in the Australian Copyright Trust by making an
plans, reports, studies, etc is owned by the author. Note that, in general terms,    application form and signing the Vesting Deed.
a client has an “implied licence” to use the works for certain purposes but          What happens after I have made application to join the Australian
does not obtain ownership of the copyright unless an assignment is made in           Copyright Trust?
writing.
                                                                                     Once you have submitted your application the Trustees will consider the
Direction or control of a government                                                 application and if your application is accepted the Trustees will issue you with
                                                                                     a unit or units in the Copyright Trust which will entitle you to receive a share
Copyright in material made or first published by, or under the direction or
                                                                                     of the revenue from the Trust.
control of the Commonwealth or State Governments is owned by the
Commonwealth or the State. “Commonwealth or State” includes departments              How is this revenue derived?
but may not extend to independent statutory authorities. It does not include         The Australian Copyright Trust derives its income from licensing various
government owned corporations or Local Governments.                                  commercial bodies to utilise the copyright from the Trust in exchange for a
                                                                                     licence fee. The Australian Copyright Trust also acts as a collecting society
Assigning and Licensing copyright                                                    for the purposes of the Copyright Act and you will also receive royalties in
Ownership of copyright can be varied by agreement. Copyright owners may              respect to the copying of your copyright.
sell, donate, vest, bequeath or permit the use of the whole or part of their         What is a Vesting Deed?
copyright.
                                                                                     The Vesting document grants ownership of the copyright to the Australian
A transfer of ownership is referred to as an “assignment” and must be in             Copyright Trust in exchange for a share in the income of the Trust.
writing and signed by or on behalf of the copyright owner. A permission to
                                                                                     Can I continue to use my copyright even though I have signed the Vesting
use copyright material is a “licence”. Copyright owners may assign or licence
                                                                                     Deed?
their rights to others, with or without limitations (such as type of use or period
of time) and conditions (such as payment).                                           Yes, you may continue to use your copyright for any private or commercial
                                                                                     purpose provided that the use of that copyright is not commercially
This agreement is in the nature of an assignment with conditions in that there
                                                                                     competitive with any exclusive licence arranged by the Australian Copyright
is an automatic licence back to the copyright owner to enable the copyright
                                                                                     Trust with a third party because that is considered the most advantageous way
owner to use and commercialise the copyright in any way except for uses that
                                                                                     of exploiting the copyright on behalf of the beneficiaries of the Trust.
the Australian Copyright Trust notifies to the owners. This circumstance will
generally be where there are uses for which the Trust has given an exclusive         Do I have to contribute any money to the Australian Copyright Trust?
licence because that is considered the most advantageous way of exploiting           No, the Trust Deed provides that the Trustees may retain from any income
the copyright on behalf of the beneficiaries of the Trust.                           earned by the Trust sufficient to meet current and expected outgoings.
A second condition is that the Copyright Owner may receive payments as a             When I sign the Vesting Deed, what copyright is granted to the
beneficiary of the Trust.                                                            Australian Copyright Trust?
                                                                                     Copyright is defined in the Vesting Deed as being anything created during the
Moral rights                                                                         normal course of practice as a surveyor. It does not include copyright of a
Recent legislation to amend the Copyright Act has introduced the concept of          personal nature such as books, songs or artwork.
moral rights of creators of works. They are rights of attribution and integrity.
These rights always remain with the author and cannot be assigned. They are                     For assistance, clarification or
entirely separate from the commercial rights to exclusive use of copyright                  more information, call the IP Hotline on
material and are not part of the vesting of copyright embodied in this
agreement.                                                                                               07 3366 4295

				
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Description: Unit Application and Vesting Deed