The Statutory Broadcast licence and the Statutory Print licence of the Copyright Act provide a special statutory licence for assisting persons with disabilities:
A brief outline of the statutory licences applicable to these institutions is set out below. For further details of these schemes and the compliance procedures, see:
Appendix A: Statutory Broadcast Licence
Appendix B: Statutory Print Licence
Appendix F: Notices
Part VA of the Copyright Act provides a special statutory licence which allows institutions to reproduce and communicate off air copies of television and radio broadcast to students for the purpose of assisting persons with an intellectual disability.
The scheme covers institutions which:
The Statutory Broadcast licence does not cover the copying of commercially released material such as hired or bought
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:
Any program broadcast on television or radio is covered under the statutory licence including:
There is no limit to how much may be copied. The institution may copy an entire film or television series. However the copy must be made or communicated to assist persons with an intellectual disability.
For example:
provided it is done on behalf of the educational institution for educational purposes.
See Appendix A: Statutory Broadcast Licence
Very few institutions provide Screenrights with a records notice.
Most 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.
Regardless of whether the 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 mark on the copy is set out in Appendix A: Statutory Broadcast Licence
See Appendix A: Statutory Broadcast Licence - Marking Requirements
Institutions are not required to mark digital copies of programs. However, some educational institutions mark all copies, irrespective of the format.
Very few institutions provide Screenrights with a records notice.
Most 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.
As long as the educational institution ensures that any communication of a broadcast is:
the institution is not required to mark the material.
(i) 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.
Educational institutions may copy or communicate a literary or dramatic work for the purpose of helping a person with a print disability.
A person with a print disability is a person:
It does not include persons who have any general learning difficulties, or those for whom English is their second language.
Under the licence, educational institutions may:
The Print Disability licence permits educational institutions to make temporary copies for the purposes of producing a version of the work for a print disabled reader. The temporary copy must be destroyed within 3 months of the day on which it was made.
The Print Disability licence does not cover the copying and communication of
Educational institutions who wish to copy under this licence must provide CAL with a written undertaking to pay for the copies of communications made.
Sound recordings of works and communications of copied works must be accompanied by a notice which notifies users that the works have been copied under the Intellectual Disability Licence.
Copies made under the Print Disability licence must be marked in a certain manner. The marking of the relevant copy applies to the temporary or ephemeral copy used to make the print disability recording or other version. The marking requirements do not apply to the actual final print disability version.
An educational institution may copy the whole of a literary and dramatic work provided:
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.
Under the licence, educational institutions may copy or communicate:
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.
The Intellectual Disability licence does not cover:
Educational institutions who wish to copy under this licence must provide CAL with a written undertaking to pay for the copies of communications made.
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. The marking of the relevant copy applies to the temporary or ephemeral copy used to make a copy for the intellectually disabled reader. The marking requirements do not apply to the actual final print disability version.
An educational institution may copy the whole of a literary and dramatic work provided:
See Appendix B: Statutory Print Licence - Special Issues
Definitions
Eligible institution includes:
Copyincludes photocopying, audiotaping, scanning or saving to disc.
Communicationincludes putting material on a website, emailing, broadcasting or faxing the permitted copyright material.
Photographic versionmeans a copy of a work produced as a film strip or series of separate transparencies designed to meet the need of disabled readers.
Published includes making the work available to the public for sale.