A CD-Rom is a compact disc that stores vast amounts of information such as course work, text books or other reference materials.
In this section, a CD-Rom may be protected as a:
Where the CD-Rom includes sound recording or moving images (video clips or animation), it will be categorised as a film.
It is important to note that CD-Roms may contain many copyright works:
In general, copyright in CD-Rom 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 material from the CD-Rom 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 copying works (text, images, audio or video) from the CD-Rom for use as part of their studies0
- Criticism or review - Eg student reviewing a particular CD for a student publication or website)
- Reporting the news
See 1.14: Defences and exceptions
(b) Other Statutory exceptions
Computer Programs
The exceptions for computer programs under the Copyright Act will generally not apply to CD-Roms as most CD-Roms contain and embody a number of different copyright works such as artworks, print works, films and sound recordings in addition to a computer program.
(c) Statutory Licences
Statutory Print Licence
Theoretically Statutory Print Licence allows educational institutions to print, communicate and make electronic copies of text and graphic files on a CD-ROM under the EUS.
However, most CD-Roms are purchased with a licence which may override the Statutory Print Licence and permitted uses provided under the Copyright Act (see below).
It is important to note that the EUS licence does not cover the copying of software, sound recordings, film or video or Net radio or web tv.
See 2.1: Print Works - EUS
See: Appendix B: Statutory Print Licence(d) Voluntary Licences
Shrink wrap or educational licences
Most CD-Roms are purchased with a 'shrink wrap licence' or a 'special educational licence'. The licence sets out the terms and conditions for the use of the CD-Rom.
The terms and conditions of a shrink wrap licence often will override the fair dealing exceptions and other permitted uses and statutory licences under the Copyright Act.
Generally the licensee's (the educational institution or students) contractual obligations are more onerous than their obligations under copyright law.
Whether you can do the following acts will depend on the licence.
- copying text, images, audio or video onto the computer clipboard
- printing hard copies of the text, images, audio or video from the CD-Rom
- permitted amount that can be copied from the CD-Rom
- making the CD-Rom or the material embodied in it available over a intranet
- installing the run program on a number of machines
- lending the CD-Rom to students or staff
- using the CD-Rom outside the school premises
