Copyright for Teaching Purposes
The Statutory Licence for Audio-visual Copying - The Part VA Licence
The Part VA Licence, also known as the Screenrights Licence, allows the copying of the whole or part of broadcasts from radio, free-to-air television, cable television, satellite television, and some podcasts. This licence allows staff to copy radio and TV programs and use them for the educational purposes of the University. The copies can then be shown in lectures or may be distributed to or communicated to students.
The licence allows copying and communication of copyright materials reproduced from broadcast radio and television without having to seek explicit permission from copyright owners if it is for 'educational purposes'. This includes the following uses:
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teaching students of UNE
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making the copy available to students, or communicating to students, as part of a course of study at UNE
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retention of a copy as a UNE teaching resource (in office, School or library)
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for the administration of students and courses.
Making use of the Part VA Licence
There is no restriction on the type of program that may be copied, the amount that can be copied or the number of copies that may be made, if the copies are made from broadcast radio and television and are for educational purposes.
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Programs may be copied off-air even if the program is also available for purchase commercially.
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Whole programs may be copied, or any part of a broadcast, including advertisements.
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Free-to-air podcasts and webcasts may be copied if they were originally 'born' as free broadcasts.
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Copies of the program can be reproduced, distributed and communicated to students with warning notices as appropriate.
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As long as off-air copies are made for, or on-behalf of, UNE, it is irrelevant who makes the copy.
Note: It is not permitted under this scheme to copy pre-recorded material such as commercially purchased or hired videos, CDs or tapes, though these may be shown in a lecture setting without infringing copyright.
Making recordings
You may make a copy of a program at home for private viewing, but if you then decide to use it for teaching purposes, it becomes the property of UNE and needs to be marked. You may keep a copy for 14 days before you decide if it may be useful for teaching purposes.
Using the recordings
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The recordings can be shown in lectures
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The recordings can be distributed to students on CD, video etc
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The recordings can be communicated to students via UNEonline.
Guidelines about the marking and access restrictions for this use are given below.
Labelling requirements
Each analog copy (video or sound tape) of the broadcast made under the scheme, or any container in which the copy is kept, must be labelled. This includes the original copy, and any reproductions made from that copy, such as those that you may send out to your students. The label must contain the following information:
Made for the University of New England under Part VA
of the Copyright Act 1968
Date program was transmitted _____________________
Date this copy was made __________________________
(if different)
Template stickers for this purpose are available from the Copyright Office.
Digital copies (CD, DVD) of broadcasts made under the scheme, or any container in which the copy is kept, including reproductions made from that copy, such as those that you may send out to your students, should also be labelled. Where that is not possible, a file needs to be kept with the details required for the label so that the information can be used if required, particularly during sampling. Copies sent to your students should also include a warning notice (below).
Note too, that where possible, creators and contributors of the works copied should be acknowledged. For example, retain the credits at the end of a film or programme.
Part VA Warning notice
The recording may be communicated to students either by email, or from UNEonline. Each electronic or digital copy that is communicated under Part VA must contain an electronic warning notice.
Part VA Warning Notice
The warning notice can be included at the beginning of the recording, or should be viewed near the link to download the recording. Please contact the Copyright Officer if you want to make use of broadcast material in this way and are unsure of the processes.
Conditions of the Screenrights Licence
The agreement with Screenrights has the following conditions and provisions:
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Copying must be from free-to-air broadcast radio and television (including pay and cable TV).
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The copy can only be used for the educational or administrative purposes of UNE.
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The copy must be marked (labelled).
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Digital reproductions must carry a warning notice.
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If appropriate, details of the authors of the work should be noted on the tape (this is especially relevant where entire films are recorded, please ensure that the credits are included with the recording).
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If communicated online, materials must be available to staff and students of UNE only (via a password-protected website such as UNEonline).
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Copies of the program can be lent to staff and students of UNE, but not to other institutions; although UNE can make a copy of the program and supply that copy to the other educational institutions requesting it if they also have a licence with Screenrights.
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If copies are sold, it must be on a cost-recovery basis only.
More information
Screenrights provides a service called Enhance TV that provides study guides and television guides about educational programs broadcast on television. Broadcasts can also be purchased from EnhanceTV.
Another Part VA taping site is hosted at QUT:
http://www.ihss.qut.edu.au/teaching
