In the absence of a sector-wide licence agreement with AMCOS/ARIA/APRA, TAFE colleges need to obtain individual licences from these organizations or directly from copyright owners for the following music uses:
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Performances by students/teachers in class
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Performances by students/teachers of live music or performances by students
accompanied by the playing of live musical works eg dance accompanied by piano as well as the performance of musical recordings in the classroom.
Under section 28 of the Copyright Act, teachers and students in TAFE colleges may perform a musical work (eg singing, playing an instrument) or play a musical recording or film incorporating music as long as:
- The work is performed in class or in the presence of an audience taking part in the class or otherwise directly connected with the college; and
- By a teacher giving a course of instruction (not for profit) or by a student receiving this instruction.
However, this provision will not apply where a class at a TAFE college is operated on a “for profit” basis or is unrelated to educational instruction eg lunch time entertainment.
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Reproduction of Sheet Music
It is possible to make multiple copies of up to the whole of a piece of sheet music if it is not separately published or, if it is, it cannot be obtained within a reasonable period at a normal commercial price.
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Limited Preservation Copying by TAFE College Libraries
Libraries may make a copy of a sound recording in their collection to preserve the copy against loss or deterioration or replace a stolen copy in limited circumstances. The copy can only be made after an authorized officer of the library has, after reasonable investigation, signed a declaration stating that a new copy of the recording cannot be obtained within a reasonable time at an ordinary commercial price. If this condition is satisfied the library may then make a copy of the recording for its collection and also make it available online (eg on its intranet). Users may only view the material on a “dumb terminal”, that is, a computer located in the library from which they cannot download, print or copy material.
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Recording Sound Broadcasts (Radio) for Educational Purposes
Under section 200(2A) of the Copyright Act, a record of a sound broadcast (radio) can be made by a TAFE college, as a non-profit educational institution, as long as the recording is used only in the course of instruction at that institution only.
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Screenrights Licence
TAFE colleges are covered by the educational statutory licence for off-air radio and television broadcasts under Part VA of the Copyright Act. This is an automatic licence after the college has given a remuneration notice. Sample surveys are held to determine how much remuneration should be paid to Screenrights each year.
This licence allows TAFE colleges to:
- Copy “off air” television and radio programs for educational purposes;
- Communicate this material to their staff and students via email, intranet or secure website;
- Make compilations of programs copied “off air”.
It is important to note that this licence does not allow TAFE colleges to copy commercially purchased CDs, DVDs or Videos.
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Reproductions for Examinations
Under section 200 of the Copyright Act, TAFE colleges are permitted to reproduce musical works eg a song played by a teacher or student on an instrument or a section of sheet music, as part of a question to be answered in an examination or in an answer to an examination question.
There is some doubt as to whether the Act permits teachers to play sound recordings as part of an examination. It is arguable this is part of giving and receiving instruction which is permitted under section 28. However, you may not communicate an examination paper including items reproduced on this basis, either by email or on the Internet or TAFE college intranet.
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Reproducing and Adapting Literary, Dramatic and Musical Works by hand
Under section 200(1)(a) of the Copyright Act, students and teachers in TAFE colleges are permitted to make new arrangements and transcriptions of musical works when this is done, in the course of educational instruction, and without the use of a machine that can make multiple copies such as a photocopier. This provision is designed to allow copying by hand onto or from a white board or chalk board and overhead transparency in the classroom. It also includes materials reproduced or adaptations made by students in the course of their instruction.
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Where the use of the music is a “fair dealing”.
Students may take advantage of the “fair dealing” provisions to copy and communicate extracts of copyright material eg print music, sound recordings or a DVD for their own research or study or for criticism or review.
Under the fair dealing provisions students and teachers can, if it is for the purpose of criticism or review or research or study:
- copy and play limited extracts of sound recordings in class or on student radio programs or websites; and
- copy and communicate a limited amount of sheet music (up to 10% of the pages for hard copy, there is no set limit in relation to musical notation but the online limit is generally 10% of the words) if it is for the purpose of their own research or study.
Please Note:
Copying under the fair dealing provisions of the Copyright Act for the purpose of research and study cannot be more than a “reasonable portion” of the copyright material. In the case of print material up to 10% of the pages of the work copied is deemed to be a “reasonable portion”. There is no clear guideline as to how much music can be copied but care should be taken as factors such as the impact of the copying on the market for the recording are taken into account when judging whether it is a “reasonable portion” or not.
