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Appendix B - Flexible Dealing - Requirements of Section 200AB

Relying on Section 200AB

Where a teacher decides to rely on section 200AB, they must ensure that their copying:

  1. Is a special case Your use will be a special case where it is narrow in both a qualitative or quantitative sense.  This means that you are only using what you need for educational instruction.
  2. Is for educational instruction Educational instruction means teaching (including remote teaching), preparation for teaching, preparing materials for students to use for homework or research tasks, or other uses that are in connection with teaching. 
  3. Is not for commercial advantage or profit Your use will be commercial where you, your students or your institute are making a profit or gaining a commercial advantage from the use of the material.  Cost recovery is likely okay. 
  4. Doesn’t conflict with the normal exploitation of the copyright material Your use will probably conflict with the normal exploitation of the material where it is possible to purchase a similar resource. 
  5. Doesn’t unreasonable prejudice the legitimate interests of the copyright owner or person licensed by the owner
Your use will prejudice the copyright owner if you:
a. use more than you need;

b. interfere with the quality of the material;

c. expose the content to piracy, such as uploading the content to the Internet.Uploading the content to a password protected intranet, blog, wiki or content management system is okay provided students are not able to make further copies; and

d. don’t remove the content from the password protected DTE as soon as practicable after it is no longer required for education instruction.


Access

Access to material copied under section 200AB must be limited.  It can only be uploaded onto parts of a password protected DTE that can be viewed by teachers and students of courses who are directly giving or receiving the instruction for which the copy has been made.


Archiving or Deleting Material When It Is No Longer Needed

Clearing out material on a DTE that is no longer required is one practical way of managing your compliance with section 200AB.  This can be done in two ways.


Deleting material

Material that the TAFE no longer requires for educational purposes should be completely deleted. This will assist in minimising the storage burden on the TAFE as well as ensuring that the TAFE is not incurring copyright fees for material it no longer needs.


Archiving material

Material should be archived where the TAFE expects to use the material again for educational purposes in the future.  Archiving involves moving the material into a closed area online where it can only be accessed by one person, such as the TAFE librarian, ICT Manager or teacher who uploaded the material in the first place. Restricting access to the material will ensure that the TAFE is not incurring additional copyright fees.


Labelling

If you make a copy of copyright material in reliance upon the flexible dealing exception, it is good practice to label copies with the name of the material, title of the author or creator, URL address of its location and the date it was copied.

EXAMPLES
COPIED UNDER S 200AB OF THE COPYRIGHT ACT 1968
‘BODY PARTS’, WWW.ANATOMYGUIDE.COM.AU, 5 AUGUST 2009

COPIED UNDER SECTION 200AB OF THE COPYRIGHT ACT
‘LET IT BE’, BEATLES, 5 AUGUST 2009 


 Context Specific Examples

The following examples are intended illustrate typical section 200AB copying activities which are typically undertaken by teachers.


Copying Sound Recordings from Vinyl, CD or Cassette

A teacher may make a copy of certain content from a CD, record or cassette, for a use directly connected to educational instruction – e.g. in a classroom activity,  or for compiling resources for a course research exercise.  The copy can’t be made ‘just in case’ the content on the CD might be needed at some point in the future – the legitimate use must be known at the time of copying. Teachers should only copy the specific tracks from the CD that they need.   The copy should be removed from a DTE as soon as it is no longer required for the specific educational purpose for which it was created.


Making a Digital Copy of a Film from a VHS

A teacher may make a copy of a film from a VHS tape for a use directly connected to educational instruction – e.g. in a classroom activity, or for compiling resources for a course research exercise.  The copy should be made only if the film cannot be purchased in a digital format.  The copy should be limited to the amount of the film required for the purpose of the course of instruction, rather than, for example, for the entire institute.  It should be placed behind a password protected DTE and deleted as soon as it no longer required for the specific educational purpose for which it was created.


Online Free-to-Air Television and Radio

Teachers may upload podcasts and webcasts of pay/subscription TV and radio programs onto password protected DTEs under section 200AB, provided the podcast/webcast can only be viewed by teachers and students in the educational course for which the copy was made.  


Copying and Communicating Music

Flexible dealing exception under section 200AB of the Copyright Act allows teachers to use sound recordings of music for free for educational instruction in fairly narrow circumstances, where other exceptions are not available. Common situations where flexible dealing of music might be applicable in TAFE include:

  • format shifting from vinyl, cassette or CD into digital format such as mp3; and
  • uploading sound recordings onto password protected DTE such as a learning management system provided the digital copy can only be viewed by teachers and students who are directly giving or receiving the instruction for which the copy has been made (i.e. one course as opposed to students enrolled in the entire institute)

For further information concerning good practice and examples of uses of music that may fall under section 200AB include, please refer to: www.smartcopying.edu.au/information-sheets/tafe/educational-use-of-music-in-tafe


Further Information

For more information on section 200AB and what you are allowed to do, see the Smartcopying website at: www.smartcopying.edu.au/information-sheets/tafe/flexible-dealing.

For more information on FAQ’s regarding section 200AB, see the Smartcopying website at: www.smartcopying.edu.au/faqs/flexible-fair-dealing.