Smartcopying

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Are there any marking or labelling requirements for format shifted copies?

No. There is no legal requirement to mark or label a format shifted copy (other than Part VA copies of broadcasts). This does not stop you from marking or labelling a copy if you want to. It is good practice to mark a format shifted copy with words similar to:

"Copied under section 200AB of the Copyright Act 1968"

Can a school copy its entire collection of educational resource films to store on a content management system?

A school will always need to ask the five questions under the heading 'Are schools ever allowed to format shift?' before it is allowed to format shift material.

This means it is not possible to copy an entire collection without checking the answers to these questions in relation to each item that the school wishes to format shift. If it is possible to buy any of the resources in the school's collection in digital format, the school will not be allowed to copy that resource onto the content management system.

Can a school copy an educational resource film on videotape to another format if the resource is degrading?

Yes, as long as the other requirements are met (ie, that you need the resource for the purpose of educational instruction and you cannot buy a new copy in the form you need it). You cannot update a degrading resource "just in case", or if you could buy a copy of the film in the new format. You must also ensure that any copying does not circumvent an Access Control TPM.

For further information on Access Control TPMs, see information sheet "Copyright Protection Measures and the Copyright Amendment Act 2006".

In addition, a school library is allowed to copy a film held in its collection in a published form (ie, on commercial VHS tape) that has been damaged or has deteriorated for the purpose of replacing the original copy of the film (in the same format).

Note: A library is only allowed to copy films contained in the school's collection. The library cannot borrow material from another school to make a new copy.

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Can I make a back up copy of an educational resource film to the same format?

Making a back up copy in the same format is not format shifting (transferring from one format to another, such as from VHS to DVD) so it will not be covered by this fact sheet.

In any case, you generally will not be able to make a back up copy. This is because you need to be making the copy for the purpose of giving educational instruction, not just as a back up. Also, you will not be able to make a copy where it is possible to buy a copy in the time required.

Can I format shift anything other than movies?

Yes, as long as you meet the five conditions under the heading 'Are schools ever allowed to format shift?'. For example, you can copy an old language lesson cassette onto CD (where you cannot buy the CD within a reasonable time).

You should note that schools have a licence from some music collecting societies to make certain uses of musical works and sound recordings. This licence will take precedence over the new section 200AB. Generally, this licence will allow you to make the following format shift copies:

If the format shift copy you want to make does not appear in the table above, you might be able to make the format shift copy of the music under s200AB:

If you want to make a format shift copy of music under s200AB you will need to make sure that it is not possible to buy the material in the new format within a reasonable time. You should note that many songs and albums are now available for purchase via online music shops.

You also must never circumvent an Access Control TPM on a CD in order to make a format shift copy.

For further information on Access Control TPMs, see information sheet "Copyright Protection Measures and the Copyright Amendment Act 2006".

The schools music licence does not allow you to upload music MP3 files, or similar, to an intranet. This might be allowable under s200AB, depending on the application of the requirements set out in that section.

For further information, contact your local copyright manager.

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