Background
From 4 March 2001, the statutory licence will also apply to communications
of broadcasts.
UNSW pays Screenrights for copying and communicating broadcasts
(radio, television, cable and satellite) under the Part VA statutory
licence. The amount paid is determined by the number of students.
A copy of a broadcast is communicated within the meaning of the
Copyright Act when it is either made available on-line (eg uploaded
onto a server in a form which is able to be accessed by staff or
students) or electronically transmitted (eg forwarded as an electronic
file by email attachment) to another person or persons.
As a result of an Agreement entered into by UNSW in July 2001,
staff will no longer be required to keep full records of audio-visual
copying unless UNSW is being sampled. This is likely to be for
a 6 or 12 week period once every 3 to 4 years. (At present, there
is no sampling of communications. The sampling system will be amended
some time in the future to include sampling of communications as
well as copies.) Every staff member will, however, be required
to comply with other obligations all year round. These obligations
are described in detail below.
The rules are strict, and failure to comply can lead to copyright
infringement action.
What does the University need to do?
Following the steps outlined below will help ensure that UNSW
complies with its obligations under Part VA of the Copyright Act:
1. The University must continue to ensure that each analogue
copy (eg videotape or audio tape) of a broadcast made in reliance on
Part VA (or the container in which it is kept) is labelled. The
label must contain the following information:
| Made for University College, UNSW
under Part VA of the Copyright Act 1968
Date program was broadcast ________________________________
Date this copy was made ___________________________________
(if different) |
2. There is no requirement to mark or label copies which are made
in electronic form (eg a copy made on a CD-ROM or computer hard-drive).
However, if such a copy is communicated, the steps in paragraph
3 below must be followed.
3. Each communication of a copy of a broadcast (in reliance on
Part VA) must contain an electronic notice in the following form:
COMMONWEALTH
OF AUSTRALIA
Copyright
Regulations 1969
WARNING
This
material has been copied and communicated to you by
or on behalf of The University of New South Wales pursuant
to Part VA of the Copyright Act 1968 (the Act).
The
material in this communication may be subject to copyright
under the Act. Any further copying or communication
of this material by you may be the subject of copyright
protection under the Act.
Do
not remove this notice.
|
This notice MUST appear either before or at the same time as the
material being communicated appears on the screen.
Each copy of a broadcast which is currently available online (in
reliance on the Part VA licence) must contain a notice in the form
described above.
4. Access to broadcasts made available on-line in reliance on Part
VA must be restricted to those people entitled to receive access,
eg staff and students of the University, or of another university
with a remuneration notice in place.
There may be a cost advantage if material is made available on
a password authenticated basis, only to those students who need
to receive it. This is because in any future Copyright Tribunal
case regarding the rate to be paid by universities for such communications,
the Tribunal may take into account the numbers of students who
had access to a communication.
Copyright works made available online in reliance on Part VA must
NOT be available for access by the general public.
5. A Copyright
warning notice should be affixed on or near all
machines which may be used to copy audio-visual works. It should
be 297mm
long and 210 mm wide
Sampling
You will be informed when UNSW has been chosen to take part in
sampling. In the period leading up to the commencement of sampling,
administrative and academic staff will receive instruction from
the sampling body, ACNielsen, with respect to completion of the
sampling forms and the administration of the sampling system. Details
of copies, including preview copies, need only be recorded during
the period of the sample.
Inspection of Records
The Agreement which UNSW has entered into with Screenrights provides
for Screenrights to give written notice to the University that
it wishes to attend, the University, on seven days' notice, and
inspect all relevant records held at the University which relate
to the making of copies of broadcasts in reliance on the statutory
licence or the communication of such copies of broadcasts in reliance
on the statutory licence or the communication of such copies in
reliance on the statutory licence. Such an inspection can only
be carried out during a period that audio-visual copying and communication
is being sampled at the University. The University must provide
reasonable and necessary facilities and assistance for the effective
exercise of this right by Screenrights.
Please advise the Copyright Officer immediately if you are approached
by Screenrights.
Copyright Act and Regulations
Part VA of the Copyright Act, 1968, and in particular sections
135A to 135N, contain the provisions on licensed copying and communication
of broadcasts by educational institutions, including provisions
relating to preview copies/communications; the form of remuneration
notices; and marking, notice and record-keeping requirements. These
must be read together with Part 5 of the Copyright Regulations,
and in particular Regs 23A to 23H. When consulting the Copyright
Act, you should ensure that you are consulting a copy which has
been updated to incorporate the Digital Agenda amendments. The
Regulations contain important detail that is not in the Act.
ADDITIONAL NOTES
Licensed Copying
The University's licence from Screenrights relates only to the
copying of programs directly from television or radio broadcasts,
and to the making of duplicates of the off-air copies.
Labelling
Off-air copies made for educational purposes before 1990 may be
legally retained and used, but they must not be re-copied. Such
copies are not required to be labelled, but it is recommended that
they be marked:
MADE FOR UNSW BEFORE 1/1/90 - DO NOT COPY
All off-air copies made after 1 January 1990 for or by the University
and retained must be labelled to show the prescribed information.
Any such copy that was not so labelled would be in breach of copyright.
Video Tapes from the Academy Library
In addition to off air copies, commercially produced videos
may be obtained by the Library on order by Schools for teaching
purposes.
They
may
be
borrowed
by
teaching staff to screen for class viewing, and viewed by individual
students in the Library for private study and research.
Copying by Students
Copying by students for their own research or study, or for their
assessment, is fair dealing.
When a copy made by a student is shown in class, it is Part VA
copying if the showing is part of the teaching process, but if
it is part of an assessment project for the student, it is covered
by fair dealing. The lecturer concerned has to make the decision.
Performance of Copyright Material in Educational Instruction
[Reproduced from Copyright: a Comprehensive Guide for Higher
Education Institutions …, AVCC, 1990]
A performance of a literary, dramatic or musical work, or causing
a sound recording, or a cinematograph film to be heard or seen,
by a teacher giving educational instruction not for profit (salary
is not profit), or a student receiving educational instruction,
in a place of education in the presence of a restricted audience
is not a performance in public and hence does not infringe the
performance right of the copyright owner. The audience must be
limited to those who are taking part in the instruction or who
are directly connected with the place where the instruction is
given. Parents of students are expressly excluded from being persons
directly connected with the place of instruction by reason only
of being a parent or guardian of a student receiving instruction.
For example, a drama class may perform a play within a classroom
without infringing the exclusive right to perfrom the play in public
but if the play is then performed for a wider audience (e.g. one
which includes parents) the exception will not apply.
