Copyright for Staff

There are a number of clauses and exceptions within the copyright act that allow educational institutions and teachers specials privileges for using copyrighted materials for teaching purposes. The following is a summary of the different exceptions and licences that allows AFTRS teaching staff to use copyrighted material.

• Section 28 - Performance Exception
• Section 200AB - Special Purpose Exception
• Creative Commons Licence
• Screenrights Statutory Licence
• APRA AMCOS ARIS Blanket Licence
• Copyright Agency Statutory Education Licence
• Fair Dealing Exception

Section 28 of the Copyright Act 1968 allows material to be performed for a class. 

The exception states:

• The material must be performed by a teacher.
• The performance must be during a class.
• Non-class members cannot attend during the performance.
• The performance must be non-profit.

This simply means that this act allow teachers to:

• Play audio-visual material, including commercially purchased DVD, Blu-rays, CD, etc.
• Perform live music or a play.
• Read a poem of short story aloud.

This exception does not allow for:

• Making a copy.
• Streaming from video on demand services like Netflix, Stan or Amazon.

Section 200AB of the Copyright Act 1968 is available only for educational institutions and can allow the use of copyrighted material where no other exception of licence applies. 

This exception is used on a case by case basis and has certain criteria that must be met.

Examples of the 200AB Exception include:

• Compiling short extracts of audio-visual material for use in class (such as making a compilation of short extracts of several videos) when it is not possible to buy a similar teaching resource to show the film in class.
• Preparing an arrangement of a musical work for students to perform in a music class when you cannot buy the arrangement you need.
• Format shifting a video from an obsolete format if you require it to be played in class and a more suitable format is unable to be purchased (e.g. VHS to DVD).

To use this exception, the following criteria must be met:

• For educational use.
• Not for commercial use.
• Another exception in the Copyright Act can't cover this usage.
• Use only what you absolutely need of the copyrighted material.
• A licence can not be obtained to cover this usage.
• It will not prejudice the legitimate interests of the copyright owner.
• Must be a special case.

Creative Commons is an open licence that allows copyrighted material to be shared and reused under terms that are flexible and legal.

There are six different creative commons licences:

• Attribution (BY) - This allows for the distribution, remixing, tweaking and building upon of a material even commercially as long as the original material and creator is credited.
• ShareAlike (SA) - This allow for the distribution, remixing, tweaking and building upon of a material even commercially as long as the original material and creator is credited and the new creation is license under exactly the same terms as the original.
• NonCommercial (NC) - This allow for the distribution, remixing, tweaking and building upon of a material, but NOT commercially as long as the original material and creator is credited and the new creation is licence under exactly the same terms as the original and be non-commercial.
• NoDerivs (ND) - This allows for the reuse of the material, including commercially with NO adaptation or change and the original material and creator is credited.
• NonCommercial - ShareAlike (NC-SA) - This allow for the distribution, remixing, tweaking and building upon of a material, but NOT commercially as long as the original material and creator is credited and the new creation is licence under exactly the same terms as the original.
• NoDerivs - Non-Commercial (ND-NC) - This allows for the reuse of the material, but NOT commercially with NO adaptation or change and the original material and creator is credited and be non-commercial.

There are many different websites that allow you to source creative commons material. Be sure to check the type of licence of the material and credit appropriately.

Screenrights is an Australian license that allows schools and educational institutions to copy any program that has been broadcast on TV or radio for educational purposes. 

This licence allows for copies to be made of:

• Any program (movies, documentaries, current affairs, television series).
• Any length.
• Made at work or at home.
• From any channel: free to air, Pay TV or radio.
• From free to air broadcasters websites and official YouTube pages, including catch-up television.
• In any format .
• From old copies (e.g. transfer VHS to digital).

APRA AMCOS licence is an Australian licence that allows for music to be played and used in class and during school events.

This licence allows AFTRS to:

• Make copies of music recordings (for educational purposes).
• Play music in class or at school events.
• Use music in presentations.
• Use music in student produced films.

ARIA licence is an Australian licence that allows for audio or audio-visual recordings to be made of school events that feature music.

Under this Australian Statutory Education Licence educational institutions are able to copy and communicate a REASONABLE PORTION of text, images and notated music for educational purposes. This includes uploading the text, image or notated music to a learning management system or secure hard drive.

This licence does not allow:

• For copies to be made for non-educational purposes.
• For copies to made to sell for profit.
• To give copies to other educational institutions that don't have the licence.

What is a Reasonable Portion?

A reasonable portion, as described in the Copyright Act 1968 states that a reasonable portion is generally 10% of the pages OR One (1) chapter. This can vary depending on the type of work.

If you are using a journal or magazine, a reasonable portion is One (1) article from an issue or multiple articles from the same issue if they are on the same subject.

The Fair Dealing Exception in the Copyright Act applies to anyone, not just students and libraries.

The Fair Dealing Exception allows you to use copyrighted materials if it is for:

• Research or study.
• Criticism or review.
• Reporting the news.
• Parody or satire.
• Enabling access to a material for a person with a disability.

You must credit the creator for their work.