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Television and Radio Programmes That Have Not Been Previously Broadcast

Background

Use of television and radio programmes that have not been broadcast is different to those programmes that have.  This chapter addresses what you can do with television and radio programmes that have not been previously broadcast.

Podcasts and Webcasts

Teachers are not permitted to copy podcasts and webcasts of radio and television programs under the Statutory Broadcast Licence. Most TAFEs are not covered by the Statutory Broadcast Licence.  However, if a podcast is made available on the Internet and is not of a program that has been previously broadcast on radio or television, you still may be able to use it. It will depend on whether:

  • the copyright owner has given permission; or
  • a statutory exception applies, such as for fair dealing, flexible dealing or another statutory exception.

 

You will need to consider these questions if you want to use, for example:

  • a podcast available of a subscription broadcast program, for example, on the Discovery Channel website;
  • a podcast available on the ABC's website of material connected with a program shown on the ABC (but not actually of the program itself such as additional "web only" content associated with a television program; or
  • a podcast available on a website other than a broadcaster's website, such as Taronga Zoo, NASA or the Australian Film Commission.


Again, if a teacher is making a podcast available on the Internet or intranet, they should make sure it can only be accessed by staff and students.

Has the copyright owner given permission?

There are two situations where you will have permission to use the podcast:

  • where the website says that educational use is permitted e.g. a notice states the material is:
  • where the teacher has received permission from the copyright owner to use the podcast (e.g. you may be able to get permission by asking the person or organisation listed at the 'Contact Us' section on the website).

 

Teachers should also be familiar with websites that allow free educational use. They include:

Does a statutory exception apply?

If a fair dealing exception applies, teachers/students will be able to use a podcast without the permission of the copyright owner.  The fair dealing exceptions most relevant to students are:

  • research or study - e.g. students downloading a podcast for their research and study;
  • criticism or review - e.g. students reviewing a podcast for an assignment. The source material, the author and copyright owner (if different) must be identified; and
  • parody or satire – e.g. students using part of a podcast to include in a parody or satire (such as in another podcast).

 

Remember, to rely on a fair dealing exception the portion of the podcast used must be reasonable having regard to the purpose of the use. Otherwise, the use might not be 'fair'.

 

Under the flexible dealing exception in s200AB, teachers can use podcasts for non-commercial teaching purposes if the use is not covered by another exception or statutory or voluntary licence. To work out if the exception will be available, teachers must assess whether:

  • the proposed use is narrow;
  • it would conflict with the normal way the copyright owner exploits the material, and
  • the use would unreasonably harm the copyright owner.

 

For more information about the flexible dealing exception, see Appendix B.  Teachers may also be able to rely on the exception in section 28 of the Copyright Act if they want to communicate a podcast to their class.

 

For more information about using podcasts, see the Smartcopying website at: www.smartcopying.edu.au/information-sheets/tafe/podcasts---using