In this section, the term 'film' refers to all audio-visual material such as film, video / DVDs that show moving images with or without sound.
Film is an aggregate of visual images embodied in an article or thing which:
Examples of films include:
In general, the film production company will be the copyright owner. If the film is commissioned by the educational institution (for example a school pays a production company to make a training or an educational video), the educational institution, not the film production company, will be the copyright owner of the video.
It is very important to be aware that the copyright in underlying works incorporated in film (screenplays, music, art works) may be retained by the author, not the film production company.
In general, copyright in a film will not be infringed where the copy or communication is done:
See 1.11: Dealing with Copyright
(a) Free Use exceptions
Fair dealing
The copying of a film for fair dealing purposes is free and does not require the permission of the copyright owner. The fair dealing exceptions most relevant for educational institutions and students are:
- research or study - eg a student is copying and using the film as part of their studies, provided the film is not used outside the classroom; taped by a student for the purposes of comparing lighting techniques, angles or themes; or to make a pastiche of extracts of a film/video as part of their studies
- criticism or review - eg reviewing a film or DVD
See 1.14: Defences and exceptions to infringement
(b) Other statutory exceptions
(i) Filming sculptures and other artworks in public places
(ii) Filming buildings or models of buildings
(iii) Incidental filming of artworksSee 2.2: Artistic Works and Photographs
(iv) Screening films, videos / DVDs in class
Copyright is not infringed where a film, video / DVD is screened in class:
- if it is in the course of education and is not for profit
- the people in the audience or class are giving or receiving instruction or are directly connected with the place where the instruction is given
(c) Statutory licence
The Statutory Broadcast Licence will apply to all film and video which is recorded from broadcasts (eg TV). These may be shown in class for educational purposes subject to the marking and notice requirements. However, the statutory licence will not apply to a film, video / DVD which is commercially hired or bought by the school, its teachers or students.
See Appendix A: Statutory Broadcast Licence
(d) Other relevant issues for films
Copyright in underlying works
It is important to remember that the screenplay, musical and artistic material incorporated into a film are protected as separate works and will require permission from the relevant copyright owner, for example:
- if you are using an artistic work in the film and the use is more than incidental to the main action, you should obtain permission from the copyright owner
- if you are adapting a book into a screenplay, you will need to obtain permission from the copyright owner of the work
Entering films in competitions
If a student shows their finished film outside the classroom, for example entering into a short film or video competition, they should ensure that they have obtained permission from the relevant copyright owners of the underlying works incorporated into the film.
Students often rely on fair dealing for research and study when reproducing musical works and sound recordings on the soundtrack for their film. This exception will not apply where the work is taken out of the classroom or study context and presented to the general public.
Filming school events
Copyright is not infringed by filming a school event, such as a sports day or fair day.
Filming houses or buildings and public artworks
The Copyright Act provides a specific exemption for filming houses, buildings and public artworks.
Film Titles
Film titles are generally not protected by copyright, but will generally be protected:
- as a trade mark by registering the film title as trade mark in the relevant classes with IP Australia
- at common law under the common law tort of passing off
- by the misleading and deceptive conduct provisions of Australian Trade Practices legislation
- by registration as a domain name and/or a business name
See: http://www.artslaw.com.au/reference/protectingmoral/index.html
See: http://www.copyright.org.auPeople's Images
There is no copyright in a person's image and in Australia, there is no general law of privacy which prevents people being filmed without their permission. However there are other legal avenues that may be used to protect a person's image, such as trade practices law or defamation.
www.artslaw.com.au/Protecting your image
Playing film, video and/ or DVD in class
Schools should note that videos and/ or DVDs which are commercially purchased are not the same as those purchased under an educational licence. Commercially purchased videos /DVDs may contain restrictive notices or shrink-wrap licences which prohibit showing the film in public. These licence terms will override the statutory licence and exceptions discussed above.
