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3.2 Assisting children with disabilities

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  1. Part VB - Intellectual Disability Licence
    Educational institutions may copy or communicate certain works for the purpose of helping a person with an intellectual disability.

    There is no definition of a person with an intellectual disability so this term will be interpreted according to medical and legal standards.

    Scope of Intellectual Disability Licence

    Under the licence, educational institutions may copy or communicate:

    Extends to 'temporary’ or ‘ephemeral’ copies

    The Intellectual Disability licence permits educational institutions to make temporary copies of the above items for the purposes of producing a copy for the intellectually disabled reader.  The temporary copy must be destroyed within 3 months of the day on which it was made.

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    What is not covered by the Intellectual Disability Licence?

    The Intellectual Disability licence does not cover:

    Undertaking to CAL

    Educational institutions who wish to copy under this licence must provide CAL with a written undertaking to pay for the copies of communications made.

    Marking requirements

    Copies made under the Intellectual Disability licence must be marked in a certain manner depending on whether it is a hardcopy or electronic use of the material.  Where a temporary or ephemeral copy is made, the marking requirement applies to the temporary or ephemeral copy rather than to the final copy made for the intellectually disabled reader. The marking requirements do not apply to the final print disability version.

    See Education Licence Notices

    Limits on copying under the Intellectual Disability licence

    An educational institution may copy the whole of a literary and dramatic work provided:

    • the copying is made to assist the intellectually disabled reader and
    • the work is not available in the required format.

    See Education Licence B: Statutory Text and Artistic Licence - Special Issues

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    Eligible institution  includes:

    • Schools
    • TAFE institutes
    • Universities

    Copy  includes photocopying, audiotaping, scanning or saving to disc.

    Communication  includes putting material on a website, emailing, broadcasting or faxing the permitted copyright material.

    Photographic version means a copy of a work produced as a film strip or series of separate transparencies designed to meet the need of disabled readers.

    Published  Literary, dramatic, musical or artistic works and sound recordings are published when they are made available to the public by sale or otherwise.

    A film is published when copies of the film are sold, let on hire, or offered or exposed for sale or hire, to the public.

  2. Flexible dealings exception

    If another exception or Statutory Licence does not apply, a school/TAFE may still be able to use copyright material to assist children with disabilities.  Section 200AB allows an educational institution to use any copyright material for free and without permission if certain narrow conditions are met.  One of those conditions is that the use is for the purpose of making a copy of the material in a form, or with a feature, that makes it easier for the child to read, see or hear.

    An example of the uses allowed by the flexible dealings exception is making a captioned version of a program where a captioned product cannot be bought if the program is to be shown in class to hearing-impaired students. [Link to Flexible Dealings and Format Shifting Information Sheets]

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