Copyright for Teaching Purposes
Using Sound, Film, Radio and Music
This page gives an overview of ways in which audio visual mediums such as film, broadcasts from radio and television, podcasts and sound tracks can be used for educational purposes in teaching materials, lecture presentations and online.
'Educational purposes' generally includes the following purposes: preparing, presenting, administering and providing access to resources to students as part of their course of study.
Playing audiovisual material in a lecture setting and video-conference
Section 28 of the Copyright Act allows a literary, dramatic or musical work to be performed, or a film or sound recording to be played, in a lecture setting for the purposes of educational instruction, provided that those present are connected with the university as staff or enrolled students. The provisions allow lecturers and students to use a centralised reticulation system to play the works into the lecture. It also allows the copyright material to be communicated via live streaming technology such as video-conference, to students in remote settings.
Note: while this provision does not include a reproduction right, it is possible that should you want to create a podcast of a lecture that contains audio visual material, another exception may apply. For example, the flexible dealing exception Section 200AB may be relevant for commercial DVDs or films, and the Tertiary Music Licence could cover music use.
Using material copied from broadcast radio and television
Any amount of material copied from radio, free-to-air, satellite and cable television and some podcasts can be reproduced in a variety of ways for teaching purposes. This includes copying and distributing the material onto unit CDs, and including it in UNEonline. The licence that allow this copying is known as the Part VA Licence, or the Screenrights Licence, and is covered in more depth separately.
Using music
Music can contain several copyright rights. The composition itself may include lyrics and original music, or an arrangement of a musical work and the performance of the work and its recording may involve other copyrights. The oversight of these copyrights falls to several different Collecting Societies, making music copyright complicated and difficult to manage. Nevertheless, the Copyright Act permits some uses, and a licence negotiated between the Collecting Societies and the university sector, known as the Tertiary Music Licence, allows music to be used for teaching purposes. The Tertiary Music Licence allows music to be copied and performed in a variety of ways. It covers reproducing music from commercial CDs when creating teaching resources, the use of live music performance at University Events and the audio visual recording of University Events.
Format shifting
Some limited format shifting is permitted under the new 'flexible dealing' exception known as Section 200AB. For example, if a DVD version of a VHS film, or a digital version of an old vinyl LP is not available for purchase, this section may allow you to reproduce it for educational purposes.
Copying for off-shore students
Australian Copyright Law applies only to copies that are made in Australia. Copying for enrolled off-shore students undertaken outside Australia must comply with the Copyright Law of the country in which the copies are made.
More information
'Smartcopying' publishes useful information sheets on specific aspects of copyright:
http://www.smartcopying.edu.au/guidelines/info_format.html