Performing copyright material in class

Under section 28 of the Copyright Act you may perform live music, play sound recordings, broadcast content, commercially purchased and borrowed DVDs, or read literary or dramatic work in class for the purpose of educational instruction. The following conditions apply:

  • the original copy being performed is a legitimate (not pirate) copy
  • the viewing is for educational instruction which is not given for profit
  • only UNE staff and enrolled students are present - the performance does not include people who are not connected to the course of instruction
  • the material is attributed appropriately

The provision does not include the right to reproduce the content. This means that if a class is being recorded e.g. a lecture recording, the recording must be paused and not capture the copyright material that is being performed. Also, you will likely not be able to play material in class from subscription services such as Netflix or Stan due to the licence conditions being restricted to personal or private use.

Online videos published under a Creative Commons licence can be used under the terms of the licence, which may include downloading, hosting and/or editing.