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 collective licensing schemes cover situations where it would be impractical for you to license your rights on an individual basis. For example, when someone in a university, public sector organisation or other type of business 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. Rather than ask the person to contact you every time they photocopy your work, the organisation pays an annual licence fee that covers the photocopying of copyright-protected works.

The money is then split into royalty shares for different types of creators: authors, publishers and visual artists whose work has been featured in UK publications. 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, mainly from 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 in the UK. Royalties will also be allocated on the number of UK books and magazine titles that are matched with the CLA’s list of photocopied publications. DACS pays these royalties to visual artists 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
  • The licensing of certain magazines for business and government use through the NLA
 
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How does it work?

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

You submit a Payback claim form online
Each year you must complete an online Payback claim form to apply for your share of these royalties, with recent examples of your published works in UK books, magazines and TV programmes.  You are guaranteed a share of these royalties based on the overall number of images claimed. 

You complete a Publication History claim form
You can also update and submit a more detailed Publication History claim form, which is optional. The CLA will match your publication titles to its list of UK photocopied publications. If you get a match, you get royalties.
 

You receive your royalties in the Autumn
DACS will allocate your share of royalties and any royalties based on matched publications. You receive your royalties from DACS, usually by bank transfer, once a year in the Autumn, minus a small percentage of 16% to cover our administration costs.




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How much will my Payback royalties be?

There is no set amount. In 2018, 63,000 visual artists and estates were  allocated a share of £5 million.

Payback Claim
How much you receive from your Payback claim form depends on how often your work has been published in a UK book or magazine or used in TV programmes. We work out your share of royalties by the number of times your work has been featured. Everyone is guaranteed a minimum payment of £25.

Overall, individual royalty payments for work published in UK books and magazines ranged from £25 to £470, with the median payment £140 in 2018. While the highest payment for work in books and magazines published in the UK and broadcast on TV was £3,200.

Publication History Claim
If you submit a Publication History claim, you may get royalties if any of your publication titles are matched by the CLA in their list of UK photocopied publications. In 2018, 1 in 3 images were matched.

For Payback 2019, the Publication History claim is worth 25% of the overall share of royalties for visual artists, last year it was 15%.

This percentage is increasing incrementally, stopping in 2021 at 30% for non-education publications and 40% for educational publications that are matched with the CLA’s list of photocopied UK 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

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.

To read more about our history with these negotiations and the resulting changes:

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When will I receive my Payback royalties?

If you submit your claim to us by the deadlines, and provided your details are correct, you should receive your royalty in Autumn 2019. You will be notified when your royalties get paid.

If you need to inform us of changes in bank details, to ensure you received your payment on time. Please download and complete our form below:

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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 your workis a type of artwork that can be protected by copyright and 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. Also bear in mind that the copyright in work you have created under employment is likely to belong to the employer so please check this before you claim. 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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What publications can I claim for?

For Payback 2019, you can claim for any artwork or photograph that has appeared in a book or magazine published in the UK up until the end of 31 December 2018, 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. You can therefore claim for work which has featured on the following channels: BBC 1, 2, 3 and 4, CBBC, CBeebies, BBC News 24, BBC Parliament, ITV1, Channel 4, S4C, Channel 5, Discovery, A&E and National Geographic.

Claims for such use differ from that of publications.

Firstly, for Payback 2019 you can only claim for work shown on TV in 2018 and no previous years.

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, including works created under employment where the copyright rest with the employer
  • 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 (unlessrepeated 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
  • Derivative works where your contribution is not copyright protected in its own right

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How do I apply?

Payback is an annual scheme and you need to submit a claim each year for 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.
 

Apply now


How to claim your Payback royalties online – in two steps:

1. Complete your Publication History Claim Form by Monday 18 February 2019 - optional
 
If you have completed a Publication History Claim before the deadline, you must also complete and submit a Payback Claim Form to be eligible for any share of Payback royalties.

Submit your publication history to us to be eligible for potential matched royalties.

Your publication titles will be checked against a  list of photocopied publications. If you get a match, you get royalties!

Update and submit your form and provide the following information for all your previous UK publication history up until 31 December 2018:

• ISBN (books) and ISSN (magazines) numbers
• Title of UK publication
• Number of times your work has appeared in each publication

If you submitted a Publication History claim last year, this has been saved in your online Payback account. Just update it with any new titles and resubmit!

2. Complete a Payback claim form by 26 April 2019 - required

Update and submit your Payback 2019 claim for the overall number of works published in UK books and magazines up until 31 December 2018. Provide up to six recent examples in total.

Important: While submitting a Publication History Claim is optional, you must complete a Payback Claim Form to be eligible for any share of Payback royalties.

Apply now


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What if I can’t supply all my publication history?

Don’t worry if you don’t have a record of every single UK publication. For now, simply provide as much information as you can to get the most out of your Publication History claim.

Your Publication History is saved in your online Payback account so each following year it will be easier for you to update any new titles or information, building up a comprehensive publication history.
 
If you have completed a Publication History Claim before the deadline, you must also complete and submit a Payback Claim Form to be eligible for any share of Payback royalties.

To give you the best possible chance of matching titles to the CLA list, DACS have carried out validation and cleaning exercises on the data that has been submitted in previous Publication History campaigns. This includes converting barcodes to magazine ISSNs, and converting 10-digit book ISBNs to the new 13-digit format. Due to this, you may find that information you previously submitted (that was found to be invalid) does not appear on your Publication History claim list.
 
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Where can I find the ISBN or ISSN?

An ISBN, or an International Standard Book Number, is a 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:


These resources also provide ISBN and ISSN information however they require subscription fees:


We cannot accept barcodes as an alternative to the ISBN or ISSN number.  However, the following website allows you to convert a magazine barcode into an ISSN:


Submitting Sales Reports to validate Payback claims

We understand that in some instances individuals may not have specific ISBN or ISSN data, in particular if the image was licensed by a picture library on their behalf.

In these instances, we can accept copies of your Sales Reports as a means of validating your claim and ensuring you can receive Payback royalties from us. If you are submitting Sales Reports to us, you must clearly highlight which examples you wish to put forward in order to validate your claim. You can only claim for work which has been published in a book or magazine in the UK or been broadcast on specific UK television channels.
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What happens if I make an error on my application?

We carry out some checks on submitted applications for errors, such as partial completion of the form or incomplete publication examples. We also ask that you ensure your claim form is completed correctly and that you are only claiming for eligible uses.

If we identify an error, we will email you to advise how it can be rectified. Due to the large volume of claims we receive, we can only contact you twice regarding an error. If you do not rectify the error by the given deadline, we will unfortunately reject your claim on grounds of insufficient information and you will miss out on Payback royalties.
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What happens if I apply for royalties directly as well as through a picture library?

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.

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







EXAMPLE Maximum publication points: 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 am a contributor to a picture library but I want to claim as an individual. 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. If the result of this process is that you cannot submit your own claim, you should ensure that your picture library is aware of all of your works relevant to the claim.
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How do I become a Payback Member?

As part of the Payback application process, you need to become a Payback member and agree to the Mandate in the Payback Terms and Conditions.  These T&Cs can also be read in the online claim form.

The Payback claim form requires you to tick a box to show you have read and accepted the Payback Terms and Conditions and the Privacy Policy. You can find this under the ‘Personal Details’ section in your online account.

Payback membership costs nothing. By becoming a member, DACS can campaign for your rights and distribute your Payback royalties to you.

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What happens if I don’t become a member?

If you don’t tick the box to show you have read and accepted the Payback Terms and Conditions on your online or paper form, we cannot process your claim. 

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Does it cost me anything to join?

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 ten years, we have reduced our administration fee from an initial 25% in 2007 to the current rate of 16%.
 

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Why do I need to contact you if my work has been reproduced more than 50,000 times?

In order to compensate claimants whose volume of UK published visual work far exceeds the brackets on the Payback claim form, DACS will calculate your royalty payment based on a 480 point claim (double the usual maximum). 
 
This applies to unique uses of your artwork in eligible books and magazines. For example, if you have had 1,000 photographs published in 50 separate publications, or 100 illustrations in 500 separate publications. This calculation does not apply to sales figures or to print runs of publications.
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