In this section:
It includes:
Broadcasts are the only type of copyright protection that does not require a fixed or material form. In other words, a broadcast does not have to be based on a copyright work in order to be protected.
The broadcast right is separate to the copyright in the filming of a live event or of an interview. For example the live televising of a football match or a broadcast of an interview with the Prime Minister will be protected as a broadcast under the Copyright Act.
In general, copyright in a broadcast 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 broadcast 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 student taping a news items as part of research for a school assignment or student making a pastiche of extracts of a broadcast as part of their studies
- Criticism or review - eg a student taping a range of news items on the same issue to compare different news reporting for a critical essay or presentation
- Reporting the news
(b) Other statutory exceptions
Statutory Broadcast Licence
Part VA of the Copyright Act provides a special statutory licence which allows educational institutions to reproduce and communicate off air copies of television and radio broadcast to students for educational purposes.
A brief outline of the Statutory Broadcast Licence is set out below. Further details of this scheme, its compliance procedures including sample remuneration notices are set out in See Appendix A: Statutory Broadcast Licence and Appendix F: Notices
Who does the Statutory Broadcast Licence cover?
The scheme covers educational institutions who:
- copy from radio and television
- communicate the material to their staff and students (via email, intranet or secure website)
Material covered by the Statutory Broadcast Licence
Any program broadcast on television or radio is covered under the statutory licence including:
- feature films
- documentaries
- television series' episodes
- game shows
- news and current events
- cartoons
- advertisements
- music clips
Amount that can be copied
There is no limit to how much may be copied. The educational institution may copy an entire film or television series. However the copy must be made or communicated for education purposes.
For example:
- a teacher may make a compilation of material copied from broadcasts for class
- the broadcast can be copied outside the school premises (such as a teacher's home) provided it is done on behalf of the educational institution for educational purposes.
Notice or making requirements on copy broadcasts
- There are certain compliance procedures that must be followed when:
- making copies from television or radio
- communication of copies made from television or radio.
See Appendix A: Statutory Broadcast Licence
Preview copies
- A school is permitted to make and communicate a 'preview copy' of a broadcast for the purpose of deciding whether to retain the broadcast for educational purposes. The preview copy must be destroyed within 14 days of making. Otherwise, it must be marked as noted below.
Copying and communicating from television and radio - record keeping
Very few education institutions provide Screenrights with a records notice.
Most education institutions are covered by and rely on a sampling remuneration notice (amount to be paid is estimated under a sampling procedure). If covered by the sampling remuneration notice, there is no need to keep records, except during the period in which the sampling survey is carried out.
Making analog copies (Video tape or cassette) - marking
Regardless of whether the educational institution is covered by the record or sampling remuneration notice, it must either physically mark the physical copy (video) or its container.
- The relevant information to be marked on the copy is set out in Appendix A Statutory Broadcast Licence
See Appendix A: Statutory Broadcast Licence - Marking Requirements
Making digital copies (DVD) - marking
Educational institutions are not required to mark digital copies of programs. However, some educational institutions mark all copies, irrespective of the format.
What the Statutory Broadcast Licence does not cover
Statutory Broadcast Licence does not cover the copying of commercially released material such as hired or bought
- CDs, CD-Roms
- audio cassettes
- videos / DVDs
It is important to note that unless a film or video has been copied from television or radio, it may generally not be copied, even if it is not commercially available.
Remember the following activities are not permitted under the Statutory Broadcast Licence:
- selling or supplying copies for a profit
- copying for non-educational purposes
- copying on behalf of an institution not covered by a remuneration notice.
Other issues under the Statutory Broadcast Licence
(i) Disability copying
The Statutory Broadcast Licence allows institutions assisting persons with intellectual disabilities to copy or communicate any copy of a television or radio broadcast.
See 3: Copying for Special Purposes
See 3.2 Assisting children with disabilities(ii) Library copying
Non-profit libraries (including libraries within an educational institution) may copy videos, CD-Roms or DVDs to:
- replace lost or stolen items from their collection
- replace copies that have been damaged or have deteriorated
- obtain an item that is not commercially available.
Copies may be made from existing copies either by the library or another library acting on its behalf.
(c) Other relevant issues for television and radio broadcasts
Resource Centres
Copies may also be obtained from a Notified Resource Centre. The only Notified Resource Centre currently available is:
- Tape Services SA Curriculum Resources Unit
- Copy programs from primary to upper secondary and adult.
- www.tapeservices.sa.edu.au
Taking photographs of a television screen
This may be an infringement of copyright in the:
- actual television broadcast
- the television program (protected separately as a film under copyright)
Playing a television or radio in class
It is not an infringement to play the television or radio as part of the class instruction or course.
Playing a television or radio in the staffroom or other public areas of the educational institution
You need permission from APRA to play the television or radio in the staffroom or other public area.
Copying radio or television programs from the Internet and Webcasts
This is not covered by the Statutory Broadcast Licence. This is because the licence applies only to 'broadcasts' delivered by a broadcasting service. Online communication is not considered to be a broadcasting service and therefore not covered by the Statutory Broadcast Licence licence. A webcast made by a broadcaster which is simulcast with a broadcast, may however be treated as a broadcast.
