Transcript Technology Update - Sydney Region School ICT Website

Copyright issues for DET
schools
Term 3, 2004
DET Contact Details about copyright
The information contained in these guidelines has been
used from a booklet entitled Copyright for Schools.
Permission has been granted to the Department of
Education and Training NSW for the reproduction and
modification of the booklet for use in DET schools and
TAFE NSW Institutes.
This presentation is an edited version.
The full documents can be found on the DET
intranet at:
http://detwww.det.nsw.edu.au:80/directorates/admiserv/copyrigh/w
ord/guidline.doc
http://detwww.det.nsw.edu.au:80/directorates/admiserv/copyrigh/w
ord/internetcopying.doc
Additional information
www.copyright.org.au
www.copyrightaware.gov.au
DEPARTMENT OF EDUCATION AND
TRAINING (DET) GUIDELINES FOR
COPYRIGHT IN DET SCHOOLS
WHAT IS COPYRIGHT?
Copyright belongs to an area of law called Intellectual
Property.
Copyright is the legal means by which authors and other
creators control the use of their work and their means of
earning a living by being able to financially profit from their
work. Copyright law is contained in a Federal Statute, the
Copyright Act 1968.
DET COPYRIGHT
DET controls and manages all copyright created by its staff
while under the direction and control of DET.
Where staff develop material in their own time or during
working hours, for their employment with DET, then
copyright in that material will belong to DET.
Staff should not use DET copyright material for private
purposes such as private tuition unless permission is
granted for the use of DET copyright for such purposes. The
permission should be sought from the Directorate/Unit which
created the copyright material.
STAFF OWNERSHIP OF COPYRIGHT
Where staff prepare material in their own time for use other
than for their employment and using their own resources,
and subsequently use that material in the course of their
employment in DET, then DET shall not own the copyright in
that material.
STUDENT OWNERSHIP OF COPYRIGHT
Copyright of work created by students in the course of their
studies will belong to the student/s unless an agreement is
entered into to the contrary between the student and the
school/Institute.
Joint class projects will belong to the class jointly unless
there is an agreement to the contrary.
Permissions should be gained from students/parents for
publishing photographs/works of students for inclusion on
the internet, TV programs, video recordings etc.
CULTURALLY SENSITIVE
MATERIAL/INDIGENOUS WORKS
All DET employees are encouraged to respect and to be
aware of culturally sensitive material/indigenous works when
developing DET copyright which may involve the use of
these works.
Permission should be obtained to use the culturally
sensitive material/indigenous works. To identify ownership of
such material contact can be made with the National
Indigenous Arts Advocacy Association (NIAAA) on
telephone (02) 9241 3533. The Department’s Aboriginal
Program Unit can also give advice.
COPYRIGHT LICENCE AGREEMENTS
DET schools are currently operating under five copyright
licence agreements. These give DET schools certain
copying rights in the areas of:
PUBLISHED WORKS - Copyright Agency Limited (CAL)
SHEET MUSIC - Australasian Mechanical Copyright
Owners’ Society (AMCOS)
BROADCAST (Radio, television, satellite, cable) (Screenrights)
PERFORMANCE - Australasian Performing Right
Association (APRA)
MUSIC RECORDINGS – AMCOS/ARIA (Australian
Recording Industry Association)
DET schools do not need to have individual licences to
any of these collecting societies. A licence is organised
centrally by the Manager Copyright and a fee is paid per
student.
Copyright Agency Limited (CAL)
THE STATUTORY LICENCE
The statutory licence allows an educational institution to
make copies,
within limits, for educational purposes. Under the new
digital agenda legislation, digital copying can now be
made within certain
limits.
COPYING WITHIN THE LICENCE
(a) Educational Purposes - this includes the
distribution of copyright material to students by a
teacher in relation to a particular course of study
provided by the school.
(b) Any Source - copies can be made from any source
around the world.
(c) Original or Copy or Loan - copies can be made
from an original or a copy or a borrowed work.
.
(d )Method - any of these methods can be used,
photocopy, facsimile, roneo, overhead projector, spirit
stencil, hand written, typed/word processed
(e) On behalf of the School - copies can be made off
the school premises providing they are made for or on
behalf of the school and no profit is made.
(f) Selling Copies - no copies may be sold with the
intention to make a profit.
COPYING LIMITS
Copying limits under the licence apply per person
per calendar year. The limits are not intended for
the person making the copies but instead they are
for the person receiving the copies.
VISCOPY:ARTISTIC WORKS
VISCOPY is Australia’s copyright agency for all visual
artists, including painters, sculptors, craftspeople,
photographers, designers, illustrators, cartoonists,
architects and multimedia artists.
If schools/TAFE wish to reproduce works of art in new
publications, in course packs, posters, and programmes
or on promotional or marketing material, they will
require permission from the copyright owner or their
agent.
SCREENRIGHTS: COPYING OF BROADCASTS




The Screenrights Agreement and the Copyright Act
gives schools and TAFE Institutes the right to copy
radio, television, satellite, and cable broadcasts in the
following manner:
a direct copy of any radio, cable or television
broadcasts.
There are no limits on the type of programs that may be
copied off-air or on the number of copies that may be
made
copies may be made of satellite broadcasts such as the
SOFWeb narrowcasts
any number of copies of any direct copy of a television,
cable or radio broadcast may be made.
The Agreement does not permit the copying of pre
recorded material or commercially produced
material such as purchased or hired videos.
Copies must be made solely for the educational
purposes of the school/TAFE Institute or any other
school/TAFE Institute. The term “Educational Purposes”
includes being made in connection with a particular
course of instruction or for inclusion in the school/TAFE
Institute library.
LENDING OR SELLING COPIES
Copies made cannot be sold or supplied for profit.
A copy may be loaned to a student or member of staff
of the school/TAFE Institute only.
AUSTRALASIAN MECHANICAL COPYRIGHT OWNERS’
SOCIETY - AMCOS: COPYRIGHT PRINT MUSIC
All DET schools are currently participating schools
in the Australasian Mechanical Copyright Owners’
Society (AMCOS) Copyright Licensing Agreement.
The AMCOS Agreement allows schools to copy print
music which exceed the limited amount of multiple
copying available under the CAL Agreement.
Copies must be made for educational purposes, but this
does not include private tuition even if it takes place on
the school premises, or any external examinations.
This Agreement does not grant any right or authority for
a school to make a recording or video of copyright
musical material. Both of these activities require specific
licences from AMCOS.
AMCOS/ARIA LICENCE FOR MUSIC
RECORDINGS
This is a new licence that has been introduced into
schools in the year 2000. It covers the reproduction of
AMCOS musical works and ARIA sound recordings by
schools for non-commercial educational purposes.
It has been developed in response to a great demand
from schools who have requested a blanket licence
which would allow them to make recordings of music for
educational and commemorative purposes, in
connection with a school activity or event.
Under this licence schools can make recordings of live
performances or the dubbing of existing sound
recordings of musical works. These recordings can be
distributed to the students of the school to assist them
in a music class or as a commemorative recording of a
performance.
AUSTRALASIAN PERFORMING RIGHT
ASSOCIATION – APRA: PERFORMANCE
The APRA “blanket” Agreement grants each
participating school a licence authorising the
performance in public of any or all works within the
APRA repertoire. All DET and other government
schools are currently covered by this Agreement.
PERFORMANCE IN THE COURSE OF
EDUCATIONAL INSTRUCTION
Section 28 of the Copyright Act states that certain
performances in class are deemed not to be public
performances. The permission of the copyright owner is
not required where a literary, dramatic or musical work,
sound recording or film is performed:
in class in the presence of an audience.
by a teacher in the course of giving educational
instruction provided it is not for profit.
the audience is limited to persons taking part in the
instruction or are directly connected with the place of
instruction. This does not include parents or guardians
of students.
Sound recordings may be played in public eg at
assemblies provided no charge is made for
admission and the institution has an APRA licence.
HIRING VIDEOS FROM VIDEO RETAILERS
Most video cassettes hired from retailers contain a
warning that “public performance” of the film is
prohibited. These cassettes are for home domestic use
and screening at schools would normally be considered
“public performance”.
However, the Copyright Act allows the showing of
hired videos in the course of giving instruction and
is shown without making a profit.
However, this section of the Copyright Act does not
permit schools to hire videos to “entertain” groups of
students as this is not considered “giving instruction”.
For example, the practice of using videos at the end of
the year to keep students occupied is an unauthorised
screening. Also the use of videos as a fund raiser or for
use with parents and the general public also constitutes
an infringement of the Act.
Schools joining video retail outlets must identify
themselves as a school. Do not enrol under a
teacher’s name. The Australian Video Retailers’
Association (AVRA) have stated that most video shops
will accept the membership of a school and will allow
schools to hire videos for educational purposes.
However, it is the right of the video shop to refuse rental
of a video if the retailer feels that the school is not
adhering to Section 28.
GUIDELINES FOR PERMISSIBLE
COPYING
FROM THE INTERNET
UNDER THE STATUTORY LICENCE
(February 2003)
How do I know if I have permission to copy from the
Internet?
 There are three situations where a teacher will have
permission to copy material from the Internet without
relying on the statutory licence:
 where the website says that educational copying is
permitted. An example of a website that is freely available
for use by teachers is the Copyright Aware website
(www.copyrightaware.gov.au) which has been developed
to assist schools understand the implications of the recent
Digital Agenda amendments to the Copyright Act;
 where the teacher has received permission from the
copyright owner to make the copy (for example, you may
be able to get permission by asking the person or
organisation listed at the 'Contact Us' section on the
website); or
 if permission to make the copy is implied. An example of
where permission to make a copy may be implied is where
the webpage contains a printer icon with words such as
'printer-friendly format'. This suggests that a teacher can
print one copy of the webpage.
You should always check that there is nothing in the
copyright notice or website terms of use (such as a
limitation allowing personal use only) that means that
permission should not be implied.
 What if the copyright notice on a webpage says that I
can't make a copy?
 Many websites contain copyright notices such as 'ABC
Pty Ltd 2002 All rights reserved', or a statement saying that
the content cannot be stored on an intranet or copied for
commercial purposes. However this does not always
mean that teachers cannot copy or communicate the
material for educational purposes.
However if you can only access copyright material by
agreeing to accept certain terms and conditions which
prevent certain types of uses, you should comply with
those terms and conditions.
What can I copy from a website?
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
The general principle is that a teacher may copy 10% of
the words of a work, when it is not arranged into chapter
format.
A collection of webpages on the same subject matter,
theme or study area should be treated as analogous to a
book, and therefore a work. Following this principle, the
following types of Internet material should be considered
to be a work:

A collection of webpages on the same theme or subject
area arranged under the same domain name, such as the
sporting information available at sports.ninemsn.com, or
each subject matter area on Microsoft Encarta.

a directory of material containing information on a
Government project. For example, the website of the
National Office for the Information Economy contains
directories on a number of Government programs, such
as Access and Equity, the Information Economy, and the
Government Online Strategy.

A link to an external website should be considered a link
to a separate work or works. For example, the sports
section on ninemsn.com contains a link to Baggy Green,
a separately operated cricket website.

Material within a website hierarchy that is analogous to a
newspaper or magazine should be treated as a
periodical publication. For example, the ninemsn site
contains news updates as well as a link to the Bulletin
magazine.
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A website that contains information on one subject matter
or theme should be considered to be a work. Some
examples include:
the website for a television show
Once it has been possible to identify a 'work' on the
Internet, within a website or as a separate publication
made available from a website, a teacher may copy a
reasonable portion of that work.
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DIGITAL COPYING AND THE INTERNET
Please refer to the “Copyright Amendment (Digital
Agenda) Act 2000”, “Guidelines and Copyright Notices”
and “Internet Copying – Statutory Licence” on this
website.
Computer software and copyright
Australian Copyright Council. July 2003
Information sheet G50
www.copyright.org.au
“The owner of a legitimate copy of a computer
program may make a backup copy of a program..”
FAQ
WHAT CAN BE COPIED?
Does the CAL licence include digital copying?
CAL agrees the Part VB of the Copyright Act 1968 (the
statutory licence provisions) includes digital copying.
Negotiations are currently taking place to determine the
scope, definition and measurement of digital copying
which may fall into the CAL licence.
May I scan copyright material onto a computer disk
and use it with my students?
Using computer scanners to transfer images or words
from a published document (this includes electronically
published material) into another work is copying or
reproducing a protected work. This is most likely
covered by the statutory licence but it is recommended
that permission is gained from the copyright owner.
FAQ
COMMERCIAL VIDEOS
The screening of films and videos is permitted in
schools/TAFE Institutes providing it is not a public
performance. This means that films and videos can only
be used for educational purposes, NOT for
entertainment as this use is considered public
performance, and NOT to others than school/TAFE
Institute students or staff.
FAQ
AMCOS/ARIA
What types of recordings are allowed under this
licence?
Recordings of musical works and/or sound recordings
made for use either in connection with a course of study
at a school (such as a music class) or a recording to be
used at a school event or a commemorative recording
(to be played at school or at home) of a school event.
Does the licence allow the making of a recording for
a school archive?
Yes. If the school wished to make a recording (either
audio or video or both) of a school event, for example, a
school concert or speech day, they would be able to do
so either for the distribution to students in the
school or to be kept in the school archives.
FAQ
What is a school event?
A school event is defined as “an event authorised by
the Participating School including a live performance by
students or an event or function connected with a
Participating School (whether or not on school
premises) at which music is performed and whether or
not parents of the school community are in attendance
(for example, a concert, speech day or sports event.)
The crucial part of this definition is the fact that the
event must be authorised or organised by the
school or Department of Education (or its
equivalent.)
The following would be regarded as being “school
events”:
FAQ

a music concert held at a school

a music concert organised by a school, held at a
different venue, where parents and friends of the
school were invited

a sports day event where music was being played

a school fete where either live music or recorded
music was being used (and subsequently recorded)
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*
The following would not be regarded as “school
events”:
a dance festival run by an organisation other than a
school or group of schools
an eisteddfod (organised by an eisteddfod body)
a Music a Viva performance in a school*
permission to record such a performance would have to
be arranged through Music a Viva itself, but it is unlikely
that it would be necessary to make an audio recording
as Music a Viva supplies audio recordings of musical
works to be studied as part of their audio kits.
FAQ
What audio recording rights does the licence grant?
The licence allows the making of audio recordings of
either live performances or dubbed recordings of
existing sound recordings of musical works. An audio
recording can be made of AMCOS musical works or
ARIA sound recordings for the following broad
purposes:
FAQ
AUDIO RIGHTS
an audio recording to be used at a ‘school event’, for
instance, the licence allows the making of backing
tapes dubbing existing sound recordings of musical
works for ease of cuing - to be used by a school dance
or vocal group, instead of live music. These recordings
can then be used as part of a performance at a school
event, for instance, a school concert.
an audio recording of a ‘school event’, for example a
tape or CD of a school concert or speech day.
recordings for use in connection with a course of study,
FAQ
VIDEO RIGHTS
1.
2.
the making of a video recording of a school event
where music is being played: (either live or recorded
music.) Examples include, making a video of a school
concert…the making of a recording of a school open
day where a mixture of recorded and live music is being
featured.
the making of student films including musical
works and/or sound recordings
The question of whether or not the use of an excerpt or
indeed an entire musical work or sound recording is
considered to be a ‘fair dealing’ for the purposes of
research and study under the Copyright Act, does not
need to be considered as the AMCOS/ARIA licence
allows school students to make videos
incorporating even whole musical works and sound
recordings. The only condition of this is that these
films may not be publicly screened outside of the
school or at an event where the general public
(other than parents and friends of the school) are
present.
FAQ
Copyright and the internet
The AMCOS/ARIA licence does NOT allow schools or
school students to download music or sound recordings
from the internet, therefore the copying of MP3 files
which are available on the internet (most of them
illegal), may not be copied under this licence.
What is meant by ‘educational purposes?’
… There would have to be some connection with the
school, and furthermore, the licence does not allow the
making of recordings by students (with the exception of
student film.) An educational purpose would usually
include the making of a recording for use in
connection with a course of study at a school or to
be played at a school event or used in conjunction
with a school performance. The making of a
recording of a school event for either private viewing or
listening by the students at home, or at the school
would also be covered by this definition.
FAQ
What format can the recordings be in?
Audio and video recordings can be made under this
licence in the following formats:
cassette tape, Beta or VHS video tape, DVD’s, CD’s.
CD roms are not allowed to be made under this licence,
nor are schools allowed to reproduce copyright music
or sound recordings as part of an internet project or
web page.
Where can I get more information?
Although it is a joint licence offered by AMCOS and
ARIA; AMCOS has elected to service the enquiries from
schools about the licence (unless they are specific
questions relating to ARIA or record companies where it
be more appropriate to contact ARIA directly.)