Smartcopying

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Digital copies and communication

Electronic or digital copies (CD or DVD) may be made from broadcasts of radio and television programs, including webcasts and podcasts of free-to-air programs on the broadcaster's website.

A digital copy may also be communicated electronically by the school or TAFE institute’s intranet or by email, as long as both the copy and communications are made by or on behalf of the school or TAFE and for an educational purpose.

If a copy of a broadcast is communicated, the school or TAFE must take reasonable steps to make sure that the broadcast can only be accessed by staff and students.

How long can a program stay on a school or TAFE institute’s intranet Internet or learning management system (LMS)? 

There is no formal time limit for how long a program can stay on an intranet or LMS.  However any copy that stays on an intranet or LMS for more than 12 months must be paid for again.  As a result, copies of programs should be taken down whenever they are no longer needed for educational purposes.

 Marking requirements

Copies made after 29 January 1990

Educational institutions must mark or stamp analog copies (video or audio) of broadcasts they made with the following notice:

There is no requirement to mark digital copies of programs (including copies of podcasts or websites).  Some schools and TAFE institutes choose to mark all copies, irrespective of the format.

Copies made before 1 July 1990

Educational institutions may keep copies of television and radio programs made from broadcasts or transmission before 1 July 1990. They are not allowed to make further copies. The following notice is required on these copies:

Notices

Where the educational institution is communicating a copy of a program (eg on an intranet or LMS) each digital copy must be accompanied by a warning notice.

If the communication is made within the institution's premises and no copies are able to be made, no warning notice is required.

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Preview Copies

An educational institution may make preview copies of television and/or radio programs. There is no requirement to mark preview copies. However the educational institution has 14 days from the day they made the copy, to decide whether it intends to use or keep it for educational purposes.

If the educational institution decides to keep the preview copy, it must mark it in the required manner.

Lending or selling copies

Copies may not be sold or supplied for profit.

Copies may not be loaned to anyone else or to another educational institution, even if the institution has given a remuneration notice.

However, copies may be made on behalf of an educational institution requesting a copy, provided it is covered by the Statutory Broadcast Licence. The cost of copying may be reimbursed.

Records and sampling

Schools and TAFE institutes must keep some records of copying and communication under the Statutory Broadcast Licence so that the collecting society (Screenrights) can collect and distribute money to copyright owners.

Schools and most TAFE institutes are covered by a sampling scheme.  This means that these institutions are only required to keep records when selected to participate in a sampling survey.  The sampling period is usually 10 to 12 weeks.

Some TAFE institutes have chosen to be covered by a recordkeeping scheme.  These TAFE institutes must keep all records of all copying and communication under the Statutory Broadcast Licence on a continuous basis.

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Other issues under the Statutory Broadcast Licence

Disability copying

The Statutory Broadcast Licence allows institutions assisting persons with intellectual disabilities to copy or communicate any copy of a television or radio broadcast.

See also 3.2 Assisting Children with Disabilities

Library copying

Non-profit libraries (including libraries within an educational institution) may copy videos, CD-Roms or DVDs to:

• replace lost or stolen items from their collection
• replace copies that have been damaged or have deteriorated
• obtain an item that is not commercially available.

Copies may be made from existing copies either by the library or another library acting on its behalf.

Resource Centres

Copies of broadcasts may also be obtained from the following Resource Centres:

Enhance TV: www.enhancetv.com.au

RMIT Publishing: www.rmitpublishing.com.au

Tape Services SA Curriculum Resources Unit: www.tapeservices.sa.edu.au (for programs broadcast in Adelaide only)

Integrated Help Services Section, Queensland University of Technology: www.ihss.qut.edu.au (for programs broadcast in Brisbane only)

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