The Statutory Broadcast Licence is set out in Part VA of the Copyright Act. It permits educational institutions to copy radio and television programs including programs from:
Payment is made to Screenrights which is the declared collecting society that administers the Statutory Broadcast Licence scheme.
See 1.12: Collecting Societies
Educational institutionsinclude:
Educational purpose includes a reproduction or communication of a television or radio program made for:
Reproduction includes making an audio or audio-visual copy (video) copy of the program.
Communicationincludes:
There is no limit on the number of copies that can be made. Copies can also be made on behalf of other schools who are covered by the Screenrights licence. All government schools and most non government schools are covered by the Statutory Broadcast Licence.
Educational institutions must mark or stamp the analog copies (video or audio) with the following notice:
Made for [insert name of institution] under Part VA of the Copyright Act 1968 Date of broadcast: [insert date] Date this copy made:[insert date] |
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Educational institutions may keep copies of television and radio programs made from broadcasts or transmission before 1 July 1990. They are not allowed to make further copies. The following notice is required on these copies:
Made for [ insert name of institution] before 1 July 1990 DO NOT COPY |
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Educational institutions are only required to keep records during the sampling period when it is selected as sample institution.
Where the educational institution is communicating the copy program (intranet), each digital copy must be accompanied by a warning notice.
If the communication is made within the institution's premises and no copies are able to be made, no warning notice is required.
Educational institutions must take reasonable steps to make sure that access to the digital copy communicated is restricted to those persons that are allowed to access it (staff and/or students).
An educational institution may make preview copies of television and/or radio programs. There is no requirement to mark preview copies. However the educational institution has 14 days from the day they made the copy, to decide whether it intends to use or keep it for educational purposes.
If the educational institution decides to keep the preview copy, it must mark it in the required manner.
If the educational institution decides not to use or keep the preview copy, it must wipe or destroy it.
Copies may not be sold or supplied for profit.
Copies may not be loaned to anyone else or to another educational institution, even if the institution has given a remuneration notice.
However, copies may be made on behalf of an educational institution requesting a copy, provided it is covered by the Statutory Broadcast Licence. The cost of copying may be reimbursed.
Electronic or digital copies (CD or DVD) may be made from broadcasts or other transmission of radio and television programs.
A digital copy may be communicated electronically by:
As above, there must be:
Webcasts are not ordinarily included in the Statutory Broadcast Licence. Schools may not copy or communicate a webcast without the permission of the broadcaster.
The only instance in which a webcast may be copied under the Statutory Broadcast Licence is if the webcast is a simulcast of a free to air or subscription television station.
