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Podcasts - Creating

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Teacher-created podcasts

Flexible Dealing
Under the flexible dealings exception, teachers can use material for non-commercial teaching purposes if the use is not covered by another exception or statutory or voluntary licence.

To determine if material can be included in a podcast, teachers must assess whether:

  • the proposed use is narrow,
  • it would conflict with a normal way the copyright owner exploits the material, and

the use would unreasonably harm the copyright owner.

Student-created podcasts

Fair Dealing
Material may be included in a podcast without the copyright owner's permission if a fair dealing exception applies. For student-created podcasts, the most relevant fair dealing exceptions are:

  • research or study – eg. students downloading material from the Internet for inclusion in a podcast for their research or study
  • criticism or review – eg.students including a short extract of material from a website in a podcast that reviews that website. The source material, the author and copyright owner (if different) must be identified
  • parody or satire – eg. students copying extracts of webpages to include in a podcast that is a parody or satire.

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

Does a statutory licence apply?

Teacher-created podcasts

If a teacher wants to include text or artistic works in a podcast, the text and artistic statutory licence (Part VB) may be available. The statutory licence allows use of literary, musical, dramatic and artistic works for educational purposes. Teachers must include the following notice with or on their podcast (eg in a pop up box where the podcast is made available on a school ’s intranet):

COMMONWEALTH OF AUSTRALIA

Copyright Regulations 1969

WARNING

This material has been reproduced and communicated to you by or on behalf of [insert name of institution] pursuant to Part VB of the Copyright Act 1968 ( the Act ).

The material in this communication may be subject to copyright under the 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.

If a teacher wants to include television or radio broadcasts in a podcast, the television and radio broadcast licence (Part VA) may be available. The statutory licence allows use of television and radio broadcasts for educational purposes. Teachers must include the following notice with or on their podcast:

COMMONWEALTH OF AUSTRALIA

Copyright Regulations 1969

WARNING

This material has been copied and communicated to you by or on behalf of [insert name of institution] pursuant to Part VA of the Copyright Act 1968 ( the Act ).

The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright protection under the Act.

Do not remove this notice.

For further information see the SmartCopying website at www.smartcopying.edu.au or contact your local copyright manager. You can also contact the National Copyright Unit on (02) 9561 1204 or at email delia.browne@det.nsw.edu.au.

Further Reading

Borja, Rhea R. “Podcasting Craze comes to K-12 Schools: Educators discover Value of Internet Audio Programs Education Week, 7 December 2005.

Correy, S. “ Music of the Blogospheres ”(Background Briefing)
Transcript of ABC Radio National Programme which gives a good general background to the rise of podcasting.

Educause Resource Centre “ Podcasting ” – links to resources for podcasting in education.

Meng, P. “ Podcasting and Vodcasting :  A White Paper”, University of Missouri, March 2005.
Discusses technological aspects of podcasting as well possible educational uses and implications for education.  Provides “How to Podcast”, “How to Vodcast” flowcharts and a resources list.

Campbell, G. “There ’s something in the Air:  Podcasting in Education”, Educause, Nov/Dec 2005 pp 33 – 46.

WWWtools For Education, “ iPods and Podcasting in Education ”
Summarises the appeal of podcasting in education, the downsides (for example, ICT requirements) with multiple links to resources.

Appendix A

Sample Letter to Request Permission to use
Copyright Work in a School Podcast

[Date]

Dear [Title and Surname]

Our school is producing a “podcast” on the topic of [Description of podcast].

A podcast is a digital file which can incorporate interviews, news items, sound recordings, music and audio-visual material. Student created podcasts are generally placed on school intranets for students and teachers to access at school and/or home and, in many cases, on [the Education Department or Educational Body ’s] publicly accessible websites to share with other students and the general public.

Source Material

We seek your permission to copy and communicate the following copyright material (“Work”), of which you are the owner, so that it can be included in this podcast:

[details of source material – type (eg music, interview, article, art work, other audio visual material etc) author/composer, date of publication/recording, title, publication, page, section and/or paragraph/s]

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