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Broadcast Radio and Television

Background

Teachers are able to make copies of radio and television programs for use in classrooms and for other educational purposes under a special licence in the Copyright Act known as the Statutory Broadcast Licence.  This chapter discusses copying and communicating under that licence.

For more information about The Statutory Broadcast Licence in Schools, see the Smartcopying website at: https://www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-licences)/education-licence-a-statutory-broadcast-licence

The Statutory Broadcast Licence is administered by a ‘collecting society’.  Collecting societies are organisations that collect fees for the use of copyright material and distribute those fees to the owners of the copyright material.  The relevant collecting society for this licence is Screenrights. The School sector pays licence fees to Screenrights to copy and communicate broadcast  material  under the licence. 

This chapter also addresses alternatives to copying under the Statutory Licence, for example, copying Creative Commons licensed material; and alternatives to copying, such as linking and embedding.  These alternatives are preferable, because they do not attract copyright fees!  Teachers are encouraged to copy material that is free to use.

 

What does the Statutory Broadcast Licence Cover?

The Statutory Broadcast Licence covers:

  • TV broadcasts from free to air television (ABC, SBS, channels 7, 9, 10, Gem, etc.);
  • Radio broadcasts from free to air radio (AM, FM, Digital);
  • Pay TV (e.g. Foxtel);
  • Online TV/radio programs from a free to air broadcaster’s website including podcasts and catch up TV provided it has been broadcast by the free to air broadcaster.

The licence covers any program broadcast on television or radio, including:  feature films; short films;  documentaries;  news and current events;  television series;  game shows;  reality TV;  quiz shows;  cartoons;  advertisements;  and music video clips.


What is not covered by the Statutory Broadcast Licence?

The Statutory Broadcast Licence does not cover:

  • Content created by Pay TV/Radio Broadcasters for the internet eg webseries;
  • Television programs from streaming services (e.g. Netflix, Stan, Amazon Prime);
  • Purchased television programs from iTunes, Google Play, online or retail stores (e.g. ABC Stores, Dymocks) in any format (e.g. Mp4, Blu-ray, DVD or VHS);
  • Online videos (e.g. from YouTube, vimeo, Edmodo, Khan Academy); or
  • Online Games (e.g. from www.abc.net.au/abcforkids/).

You can copy short extracts from films and online videos for educational instruction in certain circumstances.  For more information on copying short extracts, see the Smartcopying website at:  www.smartcopying.edu.au/information-sheets/schools/flexible-dealing

Acts not permitted under the Statutory Broadcast licence  

The following activities are not permitted under the Statutory Broadcast Licence:

  • selling or supplying Copy Programs (defined below) for a profit;
  • copying for non-educational purposes;
  • copying on behalf of an institution not covered by a remuneration notice; and

lending Copy Programs to an institution not covered by a remuneration notice.


What is a copy?

A copy, for the purpose of the Statutory Broadcast Licence, is a reproduction of a radio or television program from a free or pay television broadcast in any format (e.g. VHS, DVD, MP4) (referred to throughout this document as Copy Programs).  It makes no difference what recording device or platform you use to make a Copy Program, including educational products/services such as Clickview, Functional Solutions, Kanopy or OnDemand Media


What is a communication?

A communication for the purposes of the Statutory Broadcast licence includes:

  • uploading or saving Copy Programs to a password protected share drive, intranet, content or learning management system or cloud storage for student and staff access; and
  • emailing Copy Programs to staff and students.

A communication does not include playing or streaming live television or radio programs; or bookmarking and sharing links to online film and videos.  These activities are not copyright activities and therefore do not require a licence or permission.


No Copying Limits

There are no specific copying limits under the Statutory Broadcast Licence. This means that an educational body or teacher can copy an entire broadcast of a television program or television series for educational purposes. However, it is recommended that you only copy what you need for educational purposes.  This is important for managing copyright costs under the Statutory Broadcast Licence.

Link Where Possible

It is important to link to  free-to-air television and radio programmes from the broadcaster’s website wherever possible. 


Access

Broadcasts copied under the Statutory Broadcast Licence can only be uploaded onto password protected DTEs.

 

Labelling Copies made under the Statutory Broadcast Licence

Content that is made available to students under Statutory Broadcast licence should include a label containing the name of the program, the channel it was copied from and the date the copy was made. This is to enable Screenrights to identify the owner of copyright.

There is no longer any statutory obligation to include a notice stating that copyright material has been copied/communicated in reliance on the Statutory Broadcast Licence. Despite this, NCU suggests that it would be good practice to include the following notice where this is reasonably practicable. This is in order to limit the potential liability of the School in the event that a student uses the content in a way that may infringe copyright:

[WARNING]

This material has been copied [and communicated to you] in accordance with the statutory licence in section 113P of the Copyright Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice

A practical way of including this notice to electronic material is to insert a link to the notice from the attribution information. This would mean that the notice would have to be uploaded onto one spot on the repository and be linked to when required.

Copied under the statutory licence in s 113P of the Copyright Act

Media Watch’, ABC, 17 August 2009

[Link to warning notice]

 Where it is not possible to include a link to the notice from the attribution information, the notice could be displayed (flashed) on the screen as the user logs into the password protected share drive or intranet or content or learning management system or cloud storage. If using this approach, you should modify the notice to make clear that it applies to only some of the material on the repository: 

[WARNING]

Some of this material may have been copied [and communicated to you] in accordance with the statutory licence in section 113P of the Copyright Act . Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act. Do not remove this notice.

 

Smartcopying Tips for Radio and Television

The institute or department / administering body pays fees for the copying of broadcast radio and television programs under the Statutory Broadcast Licence. To minimise the costs payable under this licence, it is good practice to: 

  1. Link, where possible, to online programs on broadcaster websites.
  2. Limit access to the broadcast to those students who need to access the broadcast for class or homework exercises (e.g. students enrolled in one course rather than all students enrolled at the institute).
  3. Remove the broadcast as soon as it is no longer required for class or homework exercises.  For more information about deleting and archiving, see Appendix A


Obtaining copies from other Educational Institutions

The Statutory Broadcast Licence allows educational institutions which have a remuneration notice with Screenrights to provide copies of radio and television programs to other educational institutions with a remuneration notice with Screenrights.

 

Obtaining Copies from Resource Centres

Educational institutions which have a remuneration notice with Screenrights can obtain copies of television and radio programs from resource centres.

Set out below is a list of resource centres:

ClickView:http://www.clickview.com.au

Enhance TV:www.enhancetv.com.au

TV4Education:www.tv4education.com

QUT Tape Copying Service:http://www.itservices.qut.edu.au/avservices/avrecording.jsp

ResourceLink: email:mtucker@bne.catholic.edu.au
(Copies are only supplied to Brisbane Catholic schools)

Informithttp://www.informit.com.au/tvnews.html

Understanding Faithhttp://www.understandingfaith.edu.au

 

Further information on resource centres can be found here Can I purchase or request a Copy Program from a resource centre?.