These are the general Payback Terms and Conditions which apply to any and all claims being made by individual rights holders and those who represent them (Authorised Representatives) when making claims through the Payback scheme.

In these terms and conditions, references to the singular form include the plural form and vice versa. These terms and conditions contain wording that can apply to both individual rights holders and Authorised Representatives and the wording applies accordingly unless otherwise indicated.
 
The Payback 2017 online form requires you to either accept the Payback Terms and Conditions by ticking the box to show you have read and accepted the following terms and conditions or ticking the box to say that you have resigned your membership but still wish to make a claim this year. These can be found under the 'Personal Details' section.
 
Ticking the 'read and agreed' box will have the same effect as signing and dating the Mandate and Declaration section of the Payback 2017 paper claim form to which the following terms and conditions apply equally.
 
Please ensure that you have read and understood the following terms and conditions before ticking either box on the online claim form or before signing and dating the paper form. Once you have done so, please ensure that you complete the relevant section of the online form or the paper form as indicated. We cannot process your claim or claims without you ticking either of these boxes and the same applies if you haven’t signed and dated the paper form, showing that you have read and that you accept these terms and conditions. If you are claiming on the paper form and would like to resign, please get in contact with us.

Payback Mandate

Subject to the section on Former Membership outlined below, by signing the mandate on the paper claim form or by ticking the box on the online claim form entitled ‘DACS Payback Membership’ you confirm that you understand and agree that:
 
I grant to DACS an exclusive* licence and a mandate to negotiate, claim and administer the secondary rights in my artistic works, or the secondary rights in the artistic works of those individuals to the extent we are authorised to represent and claim for them (the ‘Authorisation’). I warrant that I have full right and title to grant this Authorisation. In consideration for granting this exclusive licence I will become a Payback Member of DACS.
 
It is agreed that the Authorisation applies to all uses made in respect of which royalties are being paid out under the Payback scheme for now and in future until my Payback membership is terminated.
 
This Authorisation extends only to secondary uses** of artistic works that DACS manages through collective licensing schemes on a collective basis and does not transfer any authority to DACS to issue individual primary licences on my behalf, nor does it transfer the ownership of copyright to DACS.
 
As the exclusive licensee under this agreement DACS is authorised to collect royalties in its own name from collective licensing schemes or other collective licensing mechanisms and other sources and agreements, and to deduct administration charges at such rate as shall be determined by the Board of Directors of DACS from time to time. DACS will pay royalties in accordance with its normal royalty distribution policies adopted from time to time by its Board of Directors. The relevant sections of DACS’ Code of Conduct shall apply to my Payback membership.
 
I understand I can terminate my Payback membership of DACS at any time by giving one month notice in writing, such termination to take effect upon 31 December following such notice (i.e. notice must be received by DACS by 30 November in order to take effect on 31 December that year). I acknowledge that by terminating my Payback membership I may still be required to actively opt out of any existing collective licensing schemes operated by third parties and that existing licences including my work may continue to cover the licensed uses of my work until such licences expire. DACS will not incur any liability in this respect.
 
I undertake to notify DACS of any changes to my contact and payment details and to my VAT registration status.
 
* Exclusivity is limited to the actual uses of the work claimed and paid for under DACS Payback scheme. This allows individual photographers and authorised representatives to license all other uses that are not covered by the Payback scheme.
 
** Secondary uses include the uses currently licensed by the CLA for the photocopying, scanning, printing and digital re-use and communication of works that are part of composite works, like books and magazines, and also licences governing document delivery services; the uses made under the educational recording licences currently operated by ERA and uses made under cable retransmission; but also similar international uses of works remunerated through levy systems etc.

Former Membership

By ticking the box on the online claim form entitled ‘I have resigned from Payback membership in 2017, but make a claim for 2016 money as I was a Payback Member in 2016’ you confirm that you understand and agree that:

I have previously granted to DACS an exclusive* licence and a mandate to negotiate, claim and administer the secondary rights in my artistic works, or the secondary rights in the artistic works of those individuals to the extent we are/were authorised to represent and claim for them (the ‘Authorisation’). I warrant that I had full right and title to grant this Authorisation. In consideration for granting this exclusive licence I became a Payback Member of DACS.
 
It is agreed that the Authorisation applies to all uses made in respect of which royalties are being paid out under the Payback scheme for 2016 only as I have effectively terminated my Payback membership with DACS with effect from 1 January 2017.

This Authorisation extended only to secondary uses** of artistic works that DACS manages through collective licensing schemes on a collective basis and does not transfer any authority to DACS to issue individual primary licences on my behalf, nor does it transfer the ownership of copyright to DACS.

As the exclusive licensee under this agreement DACS was authorised to collect royalties in its own name from collective licensing schemes or other collective licensing mechanisms and other sources and agreements, and to deduct administration charges at such rate as were determined by the Board of Directors of DACS. DACS pays royalties in accordance with its normal royalty distribution policies adopted from time to time by its Board of Directors.

* Exclusivity is limited to the actual uses of the work claimed and paid for under DACS Payback scheme. This allowed individual photographers and authorised representatives to license all other uses that are not covered by the Payback scheme.

** Secondary uses include the uses currently licensed by the CLA for the photocopying, scanning, printing and digital re-use and communication of works that are part of composite works, like books and magazines, and also licences governing document delivery services; the uses made under the educational recording licences currently operated by ERA and uses made under cable retransmission; but also similar international uses of works remunerated through levy systems etc.

Declaration

The Declaration which applies to you will be determined by the claim or claims that you make in your capacity as visual artist, Authorised Representative or beneficiary of a visual artist’s estate.

For visual artists: 

I declare that I am the sole creator and copyright owner of the works I have included in my claim. These works were not created in the course of my employment. I consent to DACS making appropriate enquiries to validate this claim. I agree to give supporting evidence if required. To the best of my knowledge the information I have provided is accurate and true.

For Authorised Representatives: 

I confirm that I am/was authorised by the visual artist(s) or copyright owner(s) the subject of this claim to act as their representative and to make this claim for Payback royalties on their behalf. I understand and agree that DACS shall have the right to require me to supply any information requested to support my confirmation of authorisation. I further confirm that the revenue resulting from this claim will be paid to the visual artist or rightsholder, the subject of this claim and I consent to DACS making appropriate enquiries to confirm this. For VAT purposes, I confirm I act(ed) as principal with regards to visual artist’s work. I also confirm that the copyright in the works contained in the claims I am making is controlled by the individuals or entities I am claiming for, and that no works were created in the course of an individual’s employment. DACS shall have the right to require me to provide supporting information. To the best of my knowledge the information I have provided is accurate and true.

For beneficiaries of a visual artist’s estate: 

I am the beneficiary of the estate of the visual artist(s) named in this claim, in the proportion which I have indicated in this claim.

I confirm that the works for which I am claiming were not created in the course of the visual artist’s employment. I consent to DACS making appropriate enquiries to validate this claim. I agree to give supporting documentation if required. To the best of my knowledge the information I have provided is accurate and true.

DACS reserves the right to verify the data provided and does so regularly through independent sources and we will act on false claims.

Warranties and Representations

You warrant and represent to DACS that you have the right to enter into this agreement, to make a claim for Payback royalties in your own name or on behalf of the visual artist(s), and that you can grant the necessary rights to DACS to collect the relevant royalties from third parties.

You hereby indemnify and agree to indemnify and save and hold DACS harmless and to keep DACS at all times fully and completely indemnified of, against and from any claims, actions, proceedings, liability, loss, damage, costs and expenses which DACS incurs or suffers by reason of you being in breach of the warranties in this agreement.

Limitation of Liability

Please note that becoming a Payback Member does not guarantee that you will receive Payback royalties as this is always dependent on you making a valid claim and DACS’ receipt of revenues for the secondary use of artistic works as explained above. DACS’ ability to pay out Payback royalties is limited to the amount DACS collects for distribution under the Payback scheme and subject to the deduction of the applicable administration charge as determined by the DACS Board from time to time.  

Variation

We amend these terms and conditions from time to time. Please look at the bottom of this page to see when these terms and conditions were last updated and which terms were changed.

Privacy Policy and Website Terms of Use

DACS’ Privacy Policy applies to all information supplied as part of the Payback claim or claims made by you. DACS’ Website Terms and Conditions apply to all uses made of the DACS website as part of the Payback claim process.
 
 
London, 13 January 2017.