Copyright issues for DET schools

1. Copyright issues for DET schools Term 3, 2004

2. 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.

3. 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/word/guidline.doc http://detwww.det.nsw.edu.au:80/directorates/admiserv/copyrigh/word/internetcopying.doc Additional information www.copyright.org.au www.copyrightaware.gov.au

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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. .

10. (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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. 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.

20. GUIDELINES FOR PERMISSIBLE COPYING FROM THE INTERNET UNDER THE STATUTORY LICENCE (February 2003)

21. 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 schoolsunderstand the implications of the recent Digital Agenda amendments to the Copyright Act;

22. 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.

23. 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.

24. What can I copy from a website? • 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:

25. 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.

26. 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.

27. 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. • 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.

28. 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..”

29. FAQ WHAT CAN BE COPIED? Does the CAL licence include digital copying? CAL agrees the Part VB of the Copyright Act1968 (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.

30. 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.

31. 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.

32. 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”:

33. 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) 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.

34. 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:

35. 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,

36. FAQ VIDEO RIGHTS 1.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. 2.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.

37. 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.

38. 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.)