Home' Independence : Independence Vol 36 No 2 Oct 2011 Contents c. The use is non-commercial
d. You only use what you need
e. The use does not conflict with the
normal exploitation of the material
f. The use does not cause unreasonable
prejudice to the copyright owner
g. You do not circumvent an Access
Technological Protection Measure (by
which most commercial DVDs are
protected). Copying from a commercial
DVD or format shifting it into a digital
format, such as an MP4, will involve
circumventing an ATPM.
Some uses of content that may be
permitted by the flexible dealing exception
· Converting a cassette/VHS tape to DVD
or digital format when it is not possible
to buy a DVD or digital copy of that
sound recording or film
· Compiling short extracts of audio-visual
material for use in class (for example,
making a DVD of short extracts of
several films for a film studies or English
class) when it is not possible to purchase
similar teaching resources
· Including short extracts of music in
PowerPoint teaching resources.
Statutory licences for schools
There are two statutory licences: the
Statutory Text and Artistic Works Licence
and the Statutory Broadcast Licence.
Schools pay substantial copyright fees to
copy works in reliance on these licences.
If schools are going to rely on the
statutory licences they need to be aware
of their statutory obligations and the cost
implications of doing so.
Under the Statutory Text and Artistic
Licence, a teacher can copy and
communicate text and artistic works (such
as articles, poems, photographs, maps
and song lyrics) for educational purposes.
These works can be copied in both
hardcopy and digital format.
Common activities covered by this
licence include photocopying or
scanning hardcopy works, printing and
downloading material from the internet,
uploading material onto a secure content
repository and copying material onto
portable devices such as iPods, iPads,
mobile phones and USB devices.
Schools must ensure they comply with
the copying limits of the Statutory Text
and Artistic Works Licence. Whenever
a school relies on this licence to make a
work available on a secure school content
repository, it must include the prescribed
Under the Statutory Broadcast Licence a
teacher can copy and communicate for
(i) off-air television and radio broadcasts
(free-to-air and pay/subscription)
(ii) podcasts and webcasts which
originated as free-to-air broadcasts
and are available on the broadcaster’s
website or the broadcaster’s YouTube
There are labeling requirements under this
licence, but there are no copying limits,
and teachers can format shift copies made
under the Statutory Broadcast Licence
from one storage format to another (eg
from VHS to DVD or DVD to MP4).
Schools can upload copies made under
this licence on to a secure school content
repository provided that the copy includes
the prescribed statutory notice.
Managing cost under the
If schools are relying on the statutory
licences to upload content to a school
content repository, they should:
· Link to material where possible
· Limit access to teachers and students
who are directly involved in the
educational instruction for which the
copy has been made (for example, one
class of students rather than the entire
· Remove or archive any copies available
online as soon as they are no longer
required for class or homework
exercises. Archiving involves moving
content to a closed space on the content
repository where it can only be accessed
by one or two people.
Being smart about copyright means
thinking about how your school is using
content. Make sure staff know where to go
for copyright information and implement
policies in relation to the use of content on
school content repositories.
The National Copyright Unit supports the
Copyright Advisory Group of the Ministerial
Council for Education, Early Childhood
Development and Youth Affairs (MCEECDYA).
The Copyright Advisory Group ensures
coordination and cooperation between the
states and territories in relation to copyright as
a national issue in education. It is responsible
for implementing Smart Copying initiatives
including the National Education Access Licence
for Schools (NEALS), designed to reduce the cost
of copying within schools.
The information in this article is intended for
general information only and does not constitute
Information on all the issues discussed
in this article is available at www.
Creative Commons Information Pack,
Educational Licences, www.smartcopying.
Flexible Dealing, www.smartcopying.edu.
Format Shifting, www.smartcopying.edu.
Labelling School Material, www.
Performance and Communication in Class,
Understanding Website Terms and
Using Digital Content Repositories:
Copyright Compliance Manual for
Using iTunes in Schools, www.
Using TeacherTube, www.smartcopying.
Using Wikis and Blogs, www.smartcopying.
Using YouTube, www.smartcopying.edu.au/
46 Independence Vol 36 No 2 Oct 11
Links Archive Independence Vol 37 No 1 May 2012 Independence Vol 36 No 1 May 2011 Navigation Previous Page Next Page