Smartcopying

National Copyright Guidelines

• Copyright - a general overview
• What can I copy/communicate?
• Library and Disability Copying
• Education Licences (Statutory and Voluntary Licences)
• How to clear rights (where there is no Statutory Licence or Voluntary Agreement in place)
• Hot Topics
• Glossary

Education Licence A: Statutory Broadcast Licence

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Statutory Broadcast Licence for Copying of Television and Radio Programs

The Statutory Broadcast Licence is set out in Part VA of the Copyright Act.  It permits educational institutions to copy radio and television programs including programs from:

• free-to-air radio and television
• satellite and subscription (pay) radio and television

Educational institutions can also copy and communicate podcasts and webcasts which originated as television and radio broadcasts and which are available on the broadcaster’s website.

Payment is made to Screenrights for the use of radio and television broadcasts under this licence.  Screenrights is the declared collecting society that administers the Statutory Broadcast Licence scheme. 

See 1.11: Statutory and Voluntary Licences for further information on Collecting Societies  

• All copying under the Statutory Broadcast Licence of the Copyright Act must be:
• by an educational institution
• for an educational purpose
• comply with the marking and notice requirements

Definitions

Educational institutions  include:

• schools
• TAFE institutes
• Universities

Educational purpose  includes a reproduction or communication of a television or radio program made for:

• teaching purposes
• used as part of a course of study
• retained for library use as a teaching resource

Reproduction  includes making an audio or audio-visual copy (video) copy of the program.

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Communication  includes:

• posting on the Internet or intranet
• sending by email
• providing access over a network

Who does the Statutory Broadcast Licence cover?

The scheme covers schools and TAFE institutes who:

• copy from radio and television
• copy free-to-air radio and television programs that have been made available on the broadcaster's website (eg an episode of Behind the News that is also made available as a podcast or webcast)
• communicate the material to their staff and students (via email, intranet or secure website)

What does the Statutory Broadcast Licence cover?
Any program broadcast on television or radio is covered under the Statutory Broadcast Licence, including:

• feature films
• documentaries
• television series
• game shows
• news and current events
• cartoons
• advertisements
• music clips

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What does the Statutory Broadcast Licence not cover?

The Statutory Broadcast Licence does not cover the copying of commercially released material, such as hired or bought:

• CDs, CD-Roms
• audio cassettes
• videos / DVDs

It is important to note that unless a film or video has been copied from television or radio, it may generally not be copied, even if it is not commercially available.
The following activities are not permitted under the Statutory Broadcast Licence:

• selling or supplying copies for a profit
• copying for non-educational purposes
• copying on behalf of an institution not covered by a remuneration notice

Amount that can be copied

There is no limit to how much may be copied.  The school or TAFE may copy an entire film or television series.  However the copy must be made or communicated for educational purposes.

For example:

• a teacher may make a compilation of material copied from broadcasts for class
• the broadcast can be copied outside the school premises (such as a teacher's home) provided it is done on behalf of the school or TAFE for educational purposes

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