What is Payback?

Payback is an annual scheme run by DACS to distribute the money owed to visual artists or artists’ estates by various collective licensing schemes.

These licensing schemes cover situations where it would be impractical for you to license your rights on an individual basis. For example, when a student in a library wants to photocopy pages from a book which features your work. As the creator of the work being photocopied, you are entitled to a royalty, but rather than ask the student to contact you every time they photocopy your work, the library pays an annual licence fee that covers their students photocopying copyright protected books.

It’s not just libraries and universities that do this. Different types of businesses and organisations buy a similar licence too.

The money is then split into royalty shares for different creators whose work has been featured in UK publications. Authors and publishers receive a share of this money through the Authors' Licensing Collecting Society (ALCS) and the Publishers Licensing Society (PLS) respectively. As a visual artist you can claim your royalties through Payback.
 

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Where does the money come from?

The money comes from a variety of collective licensing schemes, the main one being the Copyright Licensing Agency (CLA). Every year this organisation sells photocopying licences to schools, universities, local councils, central government and business organisations to cover people on their premises photocopying copyright protected books. DACS’ share of royalties from the CLA each year will be determined by the number of claimants we represent and how often their artwork has been published. DACS pays these royalties annually through Payback.

Other collective licensing schemes cover the following:

  • The repeat on cable of UK terrestrial and digital TV broadcasts
  • The Educational Recording Agency (ERA) for off-air recording of television programmes by schools, colleges and universities
 
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How does it work?

DACS receives royalties for visual artists from various collective licensing schemes, mainly from the Copyright Licensing Agency (CLA). Our share of royalties from the CLA each year will be determined by the number of claimants we represent and how often their artwork has been published.


Each year you complete an online Payback form to claim your share of these royalties, with examples of your published works in UK books, magazines and TV programmes.
 



From 2017, and in addition to your Payback claim form, you can also make a claim for a distinct royalty pot – worth 10% of the overall share of royalties for visual artists, by submitting a more detailed publication history.  The CLA will match your publication history to its list of UK photocopied publications. If you get a match, you get additional royalties.
 

You receive your royalties from DACS, usually by bank transfer once a year, minus a small percentage to cover our administration costs.




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Who can make a claim?

All kinds of visual artists can make a claim. If you are an illustrator, sculptor, cartoonist, photographer, fine artist, designer, architect or any other type of visual artist then you can claim Payback. The important thing is that you own the copyright in your work.

Also, the beneficiaries of all kinds of artists can claim. Payback covers all types of visual art including illustration, photography and fine art. The important thing is that you own the copyright in the artwork you are claiming royalties for.

If you are unsure if you own the copyright in your work, you might find the information we provide on our Knowledge Base useful.

The artist is usually the first copyright owner, but copyright can be transferred to someone else in a contract or agreement. We can only make payments to the current owner of the copyright in any artistic work, so it's important you establish that you own the copyright before applying.

Artists can also claim through a representative, such as a picture agency, who you have authorised to act on your behalf.
 

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Does it cost me anything?

As a not-for-profit organisation, DACS retains a share of the royalties we collect on your behalf to cover our costs and we are always seeking ways to reduce this percentage. Over the past seven years, we have reduced our administration fee from an initial 25% in 2007 to the current rate of 16%.
 

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Why is Payback changing?

Over the course of the last few years, DACS has been involved in negotiations with the Copyright Licensing Agency (CLA) and other visual representatives regarding the future of royalties owed to visual artists through the CLA’s collective licensing scheme. DACS pays these royalties annually through Payback.
 
A valuation process in 2015 resulted in an increase of visual artists’ share of CLA royalties from 8% to 8.7%. Following the end of this process in December 2015, the CLA and the visual artist representatives that participated in the valuation, namely DACS, CLA, the Authors’ Licensing and Collecting Society (ALCS) and PICSEL, discussed how these royalties should be allocated and distributed from 2017 onwards.
 
During these discussions, the CLA asked for a more data-led approach where publications being claimed for would be matched against the CLA’s list of photocopied publications, which they track the uses of their licence holders from surveys and sampling. This would add a new element to the way in which Payback has been administered since 2001 where royalties have been allocated solely on how often artworks have been published in UK publications without matching this to a photocopied list of publications.
 
In November 2016, an agreement was reached following a mediation with the CLA which sets out the future division and distribution of the CLA’s collective licencing revenues to visual artist representatives. 
 
During the discussions, DACS highlighted the difficulties involved in the collection of retrospective data requested from rightsholders in visual works, which could have put many visual artists at a disadvantage.  As a result, DACS was able to agree a more gradual introduction of a system that will focus more on matching claims to the CLA’s photocopying and scanning data, while seeking to minimise any negative impact and burden on rightsholders in visual works.
 
These changes will be introduced incrementally over the next five years starting at 10% of the overall share of royalties for visual artists in 2017 and stopping in 2021 at 30% for non-education publications and 40% for educational publications that are matched with the CLA photocopying publications:

Royalties received by CLA between 1 January 2016 and 31 December 2016
Education and Non Education: 10% to artistic works that are matched
Royalties received by CLA between 1 January 2017 and 31 December 2017
Education and Non Education: 15% to artistic works that are matched
Royalties received by CLA between 1 January 2018 and 31 December 2018
Education and Non Education: 25% to artistic works that are matched
Royalties received by CLA between 1 January 2019 and 31 December 2019
Education and Non Education: 30% to artistic works that are matched
Royalties received by CLA between 1 January 2020 and 31 December 2020
Education: 65% to available artistic works
  35% to artistic works that are matched
Non Education: 70% to available artistic works
  30% to artistic works that are matched
Royalties received by CLA between 1 January 2021 and 31 December 2021
Education: 60% to available artistic works
  40% to artistic works that are matched
Non Education: 70% to available artistic works
  30% to artistic works that are matched

To determine the share of royalties DACS and other visual representative organisations will receive from the remainder of the CLA royalties for visual artists, an independent auditor will determine the shares on an annual basis. This will be based on the number of individual claimants represented by each of the visual representative organisations and based on DACS’ well-established Payback claims form model that captures how often artworks appear in UK publications. Therefore, we need your help to determine DACS’ share Payback royalties that we will distribute to you and thousands of other visual artists.
 
To read more about our history with these negotiations:
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What has changed for Payback 2017?

  • Payback opened earlier on 16 January 2017.
  • DACS’ share of Payback royalties vs. other visual representatives’ share will be determined by an independent auditor. DACS must submit our claims data - based on how many times our claimants’ artworks appear in books and magazines - by the end of February. If you submit your claim by 17 February, you help DACS secure the best possible share of royalties for you and thousands of other visual artists. The final deadline to submit is 1 May 2017.
  • In addition to your usual claim, you can also claim from a distinct royalty pot worth 10% of the overall share of royalties for all visual artists. To claim from this pot you must complete a separate Publication History Claim Form by 17 February. If any of your UK publication history is matched by the Copyright Licensing Agency in their list of UK photocopied publications, you can get additional royalties. The deadline for this has now passed, however you can submit a Publication History Claim Form for us to keep on record for your future Payback claims. We will not, however, be able to process this as part of your 2017 claim.

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What are the dates for Payback 2017?



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Why is Payback opening earlier?

The money made available for DACS’ Payback service comes from a variety of collective licensing schemes, the main one being the Copyright Licensing Agency (CLA).
 
To get our share of the CLA monies for visual artists to distribute via Payback, DACS now has to report back to an independent auditor on our claims data, by the end of February 2017.   
 
The data submitted will determine how much money is allocated to DACS to distribute back to you and the thousands of artists claiming Payback versus the other visual representatives now also looking to distribute collective licensing royalties to visual artists such as the Authors’ Licensing and Collecting Society (ALCS) and PICSEL.
 
By submitting your Payback claim early by 17 February, DACS will have the best possible set of complete and up-to-date claim data that will determine how much money DACS will receive from the CLA and distribute back to you.

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How do I apply?

Payback is an annual scheme and you need to submit a form each year to claim your share of royalties. The easiest way is to claim online, however you can request a paper form if you prefer. If you apply online, we save your details from your application so it is quicker for you to apply again next year.
 

As part of the claim process we ask you to:
  • tell us how many UK books and magazines your work has appeared in and to provide the ISBN or ISSN numbers of up to 6 examples;
  • tell us how many times your work appeared in TV programmes broadcast in the UK in 2016, with examples;
  • provide up-to-date bank details so we can pay your royalty by direct bank transfer;
  • confirm you are the copyright-holder and authorise us to collect the royalties on your behalf.

If you are a returning applicant and are increasing the size of your claim, we ask that you provide at least one new example of where your work appeared.

NEW for 2017



For the first time in 2017, you can claim from a distinct royalty pot worth 10% of the overall share of royalties for all visual artists, provided you complete a Publication History Claim Form by 17 February 2017, in addition to your usual claim.

You are asked to submit the following information about all UK publications your work has ever featured in up to 31 December 2016:

  • ISBN or ISSN number for each UK publication (books and magazines)
  • Title of the publication
  • The number of times your works appear in each publication

You need to provide the ISBN/ISSN for every UK publication, not just the examples we require in the claim form from previous years.

If any of your UK publication history is matched by the Copyright Licensing Agency to their list of UK photocopied publications, you get additional royalties!

Each following year you will be able to just update any new information, building up a comprehensive publication history.

The deadline to claim from this pot has now passed, however you can submit a Publication History Claim Form for us to keep on record for your future Payback claims. We will not, however, be able to process this as part of your 2017 claim.

Download the form here:

Artists and beneficiaries
Picture libraries - if you are claiming on behalf of your contributor(s)



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What do I need to do by the 17 February?



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Why should I submit my claim and publication history by 17 February?

By submitting your Payback claim early by 17 February before Payback closes, you will be playing your part in helping DACS secure the best possible share of royalties to be paid out to you and thousands of other visual artists.
 
In 2016, this share was a record of £5.5 million in Payback royalties, which DACS distributed to 35,000 visual artists.
 
Put simply:
  1.  If everyone enters their Payback 2017 claim by 17 February, then DACS will have the best possible set of complete and up-to-date claims data based on how many times your artworks appear in books or magazines.
  2. DACS must submit the claims data as a new requirement following the recent mediation between the CLA and visual representative organisations. This information will then be used to determine how much money DACS vs. other visual representative organisations like ALCS and PICSEL will receive from the Copyright Licensing Agency (CLA) for Payback royalties. 
  3. DACS will then pay out this money to you and thousands of others, just as we have done every single year since 2001.
K419_DACS_Payback_Icons_FIN_AW13T_20161219.png
Also, for the first time in 2017 and in addition to your 2017 claim form, you can now also claim from a distinct royalty pot this year – worth 10% of the overall share of royalties for all visual artists. If any of your UK publication history is matched by the Copyright Licensing Agency in their list of UK photocopied publications – you get additional royalties!

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What if I can’t supply all my publication history for the 10% pot by 17 February?

Don’t worry if you don’t know every ISBN/ISSN for every single UK publication; for now, simply send us as much information as you can by 17 February to get the most out of your Payback claim.
 
Each following year you will be able to update any new information, building up a comprehensive publication history. 
 
We’ll keep a record of your information, making it easier to claim these royalties for following years.  The percentage for this royalty pot will increase every year for the next five years in up to 2021 at 30% for non-education publications and 40% for educational publications that are matched with the CLA photocopying publications.

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What publications can I claim for?

You can claim for any artwork or photograph that has appeared in a UK book or magazine up until the end of the previous year, so long as you own the copyright.

There is no backward limit to when the work needs to have been published – you can claim for artwork published three years ago, thirty years ago or more. You can also claim for work reproduced in a book that has gone out of print. It also doesn’t matter if it is one work appearing in one book, or thousands of works appearing in thousands of books. You are still entitled to a share of the royalties.


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What television can I claim for?

In addition to publications, Payback also covers the secondary use of your work in television programmes, for instance the re-transmission on cable of terrestrial and digital broadcasts.

Claims for such use differ from that of publications. Firstly, you can only claim for work shown on TV in the previous year. Secondly, television revenues come from ERA, Irish Cable and the BBC. Payback therefore only covers the five terrestrial channels, BBC digital channels and the Discovery, A&E and National Geographic channels.
 

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What can’t I claim for?

You cannot claim royalties through Payback for the following:

  • Artistic works for which you do not own the copyright
  • Non-UK publications
  • Artistic works out of copyright at the time of use
  • Works included in newspapers, weekend supplements, leaflets and brochures
  • Works reproduced in publications without an ISBN or ISSN number
  • Works on websites and social media
  • e-Books, e-Journals, digital apps
  • Works being claimed for on your behalf by an Authorised Representative
  • Photographs licensed for use under the BBC TelPic contract
  • Works you have claimed for in a television claim in the past (unless repeated on television in the previous claim year)
  • Works used in feature films
  • Ordnance Survey maps
  • Logos and trade marks
  • Writing, literary or musical works
  • Industry manufactured products
  • Videos or computer games
  • DVD, CD-Rom
  • Speculative television claims 
  • Claims for your image as an actor

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Where can I find the ISBN or ISSN?

An ISBN, or an International Standard Book Number, is either a 10 or 13-digit code to identify a publication.  An ISSN, or an International Standard Serial Number, is an 8-digit serial number to identify a magazine or journal publication. 

Magazines usually have the same ISSN for each edition. The ISSN may change if there is an amendment to the publication title or a change in ownership. 

You can find the ISBN of a book on the back cover of paperbacks, or on the inside of the fly jacket of a hardback, usually above the barcode. The ISSN of a magazine is usually on its front cover, above the barcode. .
 
If you don’t have physical copies to hand, you can use the following online resources to help you identify the ISBN or ISSN:


We cannot accept barcodes as an alternative to the ISBN or ISSN number. 
 

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I apply for royalties directly as well as through a picture library. What happens in this case?

Claiming Payback royalties through multiple sources can have a detrimental effect on all Payback members as it can lead to cases where an individual receives a proportionally greater share of  Payback royalties than they would making a single claim of their own or through an agent.

If at the close of the Payback submission period you have more than one Payback claim submitted and they exceed the maximum level which one publication claim would reach, then DACS will proportionately reduce these claims.

EXAMPLE Maximum publication points: 240

Close of campaign   After proportional reduction
J Smith, Direct Claim 120 108
J Smith, Picture Library Claim 144 132
Total Points 264 240







If you have any queries or concerns about this please contact us at payback@dacs.org.uk or 020 7553 9099.
 

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I do not want a picture library claiming on behalf. What do I do?

You must inform both the picture library and DACS of this well in advance of the campaign closing.

There may be contractual agreements in place between you and the picture library, which DACS are not privy to. Therefore you should always check with them before making a direct claim to avoid any duplicate claims.

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When does Payback close?

The final deadline for submitting all claims is 1 May 2017. 

If your publication history for claiming monies against the distinct 10% royalty pot is not submitted by 17 February, your claim will not be eligible for these royalties in 2017 but your records will be kept for future years.

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How much will my Payback royalties be?

There is no set amount. In 2016, £5.5 million was allocated to over 35,000 visual artists. The average royalty payment was £148, with the highest payment being around £4,215.

How much you receive from your Payback claim form depends on how often your work has been published in a book or magazine or used in TV programmes. We work out your share of the revenues by the number of times your work has been featured.

You can help determine DACS’ share of Payback royalties to be distributed to you by submitting your claim by 17 February.  Our claims data will be used to determine how much money DACS will receive from the Copyright Licensing Agency (CLA) for Payback royalties to then pay out to you and thousands of other visual artists.

Also, if you make a claim for the 10% royalty pot by 17 February 2017 you may get additional royalties if any of your publication history is matched by the CLA in their list of UK photocopied publications.
 

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When will I receive my Payback royalties?

Payback is an annual scheme and this year it is running from 16 January to 1 May 2017. If you submit your claim to us by the deadline, and provided your details are correct, you should receive your royalty later in 2017.  We will let you know when your royalties get paid.
 

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