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Broadcast Radio and Television

Background

The majority of TAFE institutes have not been covered by the Statutory Broadcast Licence since after 31 December 2015.  Only a handful of WA and NSW TAFE Institutes have continued with the Statutory Broadcast Licence.  However, this chapter addresses copying and communicating TV and Radio broadcasts for TAFEs that do, and do not have, the Statutory Broadcast Licence.

Use of Television and Radio Broadcasts by TAFEs without a Statutory Broadcast Licence

TAFE institutes without a Statutory Broadcast Licence cannot copy television or radio broadcasts or communicate copy broadcasts. A copy broadcast is a copy of a television or radio broadcast made by a:

  • teacher at home;
  • TAFE institute; or
  • resource centre,

    for educational use.

    In particular TAFE institutes are not permitted to:

  • record television or radio programs from television or radio broadcasts (this includes copying by Fetch TV or similar products);
  • make further copies of television programs copied under the previous Screenrights licence after 1 January 2016;
  • •obtain copies of television or radio broadcasts from resource centres such as Enhance TV, Informit or ClickView;
  • upload and/or make available copy broadcasts to intranets (including password protected intranets), content or learning management systems; or
  • keep copies of copy television or radio broadcasts made under the Screenrights licence on a TAFE institute’s DTE after 1 January 2016.


What if I Need a TV Program for Educational Purposes?

TAFE institutes are still able to: 

  • play live broadcasts; 
  • play or communicate purchased content (e.g. television programs, series, films, documentary programs); 
  • play online television programs (e.g. from ABC iView, SBS On Demand or other catch up television services); or 
  • in limited circumstances, copy short extracts of films, videos, DVDs, online content etc. 
See below for the top five ways to use radio and television, and contact the NCU if you need further assistance.


1.Playing from Broadcaster Websites e.g. ABC iView, SBS on Demand

Playing from broadcaster websites does not involve making a copy and is an activity which can be freely done under section 28 of the Copyright Act.

For more information about what you can do under section 28 of the Copyright Act, see the Smartcopying website at:  www.smartcopying.edu.au/information-sheets/tafe/performance-and-communication-in-class

The majority of programs broadcast on channels such as ABC, SBS and major commercial channels are available to be played online. Broadcasts can therefore be freely played or made available online in classrooms direct from broadcaster websites.  Some broadcasters also have their own YouTube channels (e.g. ABC) where they upload a number of TV programs that can then be streamed.


2. Linking to Online Programs on Broadcaster Websites

Linking, which includes embedding, does not involve making a copy and is therefore not a copyright activity. Links can be provided for online programs and is a smart and legitimate way to access and view content.


3. Direct Purchasing from Broadcasters e.g. ABC Shop, SBS Shop

Many TV programs can be purchased direct from the broadcaster especially when the program is no longer available online and will need to be played to students in the future as a teaching resource. A copy that has been purchased can be played or communicated in class in the course of giving educational instruction under section 28 of the Copyright Act. A digital copy can also be made available online to be played in class in the course of giving educational instruction.


4. Purchase from Online Video Stores e.g. iTunes, Google Play, Amazon Instant Video

TV programs can also be purchased from online video stores and while most commercial content will be available from the major stores, there are other stockists that will provide more niche content e.g. international content. Just as with TV programs purchased direct from the broadcaster, the copy purchased can be played or communicated in class in the course of giving educational instruction under section 28 of the Copyright Act.


5. Obtain Permission to use Short Extracts

When only a short extract from a broadcast is needed for a teaching resource, permission can be sought to allow for its use in a teaching resource. Due to the non-commercial nature of the proposed use, permission is more likely to be granted. Permission templates can be developed to save time and hasten the process of seeking permission.
This option is likely to be of use in narrow circumstances due to the time that it can take to receive permission. Where content is needed immediately it is better to link or purchase content


What Can I Do With Copies Made Under the Screenrights Licence, Before My TAFE Opted Out?

All copies made under the Screenrights Licence before your TAFE opted out, should have been removed from online systems including share drives, intranets, learning management systems and content management systems. However, TAFE’s were permitted to copy all relevant television programs copied under the Screenrights licence on or prior to 31 December 2015 to:

  • DVDs;
  • external hard drives;
  • USBs; and
  • a personal folder that can only be accessed by one person (e.g. a librarian).

 

Provided these programs were copied on or before 31 December 2015, they can then be played and communicated under section 28 of the Copyright Act where it is done in class, or otherwise in the presence of an audience, in the course of educational instruction given by a teacher and all the people in the audience are giving or receiving instruction, or are directly connected with the place where instruction is given.

Please contact the NCU or your local CAG representative if you are unsure if your TAFE institute has opted out of the licence.  

Podcasts of Free-to-Air Television and Radio Programmes.

If a fair dealing exception applies, teachers/students will be able to use a podcast without the permission of the copyright owner.

The fair dealing exceptions most relevant to students are:

  • research or study – e.g. students downloading a podcast for their research and study;
  • criticism or review - e.g. students reviewing a podcast for an assignment. The source material, the author and copyright owner (if different) must be identified; and
  • parody or satire – e.g. students using part of a podcast to include in a parody or satire (such as in another podcast).

Remember, to rely on a fair dealing exception the portion of the podcast used must be reasonable having regard to the purpose of the use. Otherwise, the use might not be 'fair'.  For more information about what students can do with copyright material, see the Smartcopying website at: https://www.smartcopying.edu.au/information-sheets/schools/students-and-copyright

Under the flexible dealings exception in s200AB, teachers can use podcasts for non-commercial teaching purposes if the use is not covered by another exception or statutory or voluntary licence. To work out if the exception will be available, 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.

For more information about flexible dealing under section 200AB, including context specific examples, see Appendix B.  Teachers may also be able to rely on the exception in section 28 of the Copyright Act if they want to communicate a podcast to their class.

For more information about copying and communicating television and radio in TAFE, where a Statutory Broadcast Licence is not in place, including information about using other sources of audio-visual content, see the Smartcopying website at: www.smartcopying.edu.au/information-sheets/tafe/use-of-television-programs-and-film-by-tafe-institutes-without-a-screenrights-licence

Use of Television and Radio Broadcasts by TAFEs with a Statutory Broadcast Licence

As discussed above, only a handful of TAFEs in Western Australia and New South Wales are covered by the Statutory Broadcast Licence.  If a TAFE institute is unsure whether it is covered by this licence, it can contact NCU. Educational institutions are able to copy radio and television programs from free and pay television broadcasts and communicate such copies for educational purposes under the Statutory Broadcast Licence. 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.

What does the Statutory Broadcast Licence Cover?

The Statutory Broadcast Licence covers:

  • TV broadcasts from free to air television (ABC, SBS, channels 7, 9, 10, Gem, etc.);
  • Radio broadcasts from free to air radio (AM, FM, Digital);
  • Pay TV (e.g. Foxtel);
  • Online TV/radio programs from a free to air broadcaster’s website including podcasts and catch up TV provided it has been broadcast by the free to air broadcaster.
The licence covers any program broadcast on television or radio, including:  feature films; short films;  documentaries;  news and current events;  television series;  game shows;  reality TV;  quiz shows;  cartoons;  advertisements;  and music video clips.

What is not covered by the Statutory Broadcast Licence?

The Statutory Broadcast Licence does not cover:

  • Online TV/Radio programs from the websites of Pay TV/Radio broadcasters;
  • Television programs from streaming services (e.g. Netflix, Stan, Amazon Prime);
  • Purchased television programs from iTunes, Google Play, online or retail stores (e.g. ABC Stores, Dymocks) in any format (e.g. Mp4, Blu-ray, DVD or VHS);
  • Online videos (e.g. from YouTube, vimeo, Edmodo, Khan Academy); or
  • Online Games (e.g. from www.abc.net.au/abcforkids/).
You can copy short extracts from films and online videos for educational instruction in certain circumstances.  For more information on copying short extracts, see the Smartcopying website at:  www.smartcopying.edu.au/information-sheets/tafe/flexible-dealing

Acts not permitted under the Statutory Broadcast licence

The following activities are not permitted under the Statutory Broadcast Licence:

  • selling or supplying Copy Programs (defined below) for a profit;
  • copying for non-educational purposes;
  • copying on behalf of an institution not covered by a remuneration notice; and
lending Copy Programs to an institution not covered by a remuneration notice.

What is a copy?

A copy, for the purpose of the Statutory Broadcast Licence, is a reproduction of a radio or television program from a free or pay television broadcast in any format (e.g. VHS, DVD, MP4) (referred to throughout this document as Copy Programs).  It makes no difference what recording device or platform you use to make a Copy Program, including educational products/services such as Clickview, Functional Solutions, Kanopy or OnDemand Media.

What is a communication?

A communication for the purposes of the Statutory Broadcast licence includes:

  • uploading or saving Copy Programs to a password protected share drive, intranet, content or learning management system or cloud storage for student and staff access; and
  • emailing Copy Programs to staff and students.
A communication does not include playing or streaming live television or radio programs; or bookmarking and sharing links to online film and videos.  These activities are not copyright activities and therefore do not require a licence or permission.

No Copying Limits

There are no specific copying limits under the Statutory Broadcast Licence. This means that an educational body or teacher can copy an entire broadcast of a television program or television series for educational purposes. However, it is recommended that you only copy what you need for educational purposes.  This is important for managing copyright costs under the Statutory Broadcast Licence.

Link Where Possible

It is important to link to  free-to-air television and radio programmes from the broadcaster’s website wherever possible. 

Access

Broadcasts copied under the Statutory Broadcast Licence can only be uploaded onto password protected DTEs.

Labelling Copies made under the Statutory Broadcast Licence

Content that is made available to students under Statutory Broadcast licence should include a label containing the name of the program, the channel it was copied from and the date the copy was made. This is to enable Screenrights to identify the owner of copyright.

There is no longer any statutory obligation to include a notice stating that copyright material has been copied/communicated in reliance on the Statutory Broadcast Licence. Despite this, NCU suggests that it would be good practice to include the following notice where this is reasonably practicable. This is in order to limit the potential liability of the TAFE in the event that a student uses the content in a way that may infringe copyright:

[WARNING]

This material has been copied [and communicated to you] in accordance with the statutory licence in section 113P of the Copyright 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


A practical way of including this notice to electronic material is to insert a link to the notice from the attribution information. This would mean that the notice would have to be uploaded onto one spot on the repository and be linked to when required.

Copied under the statutory licence in s 113P of the Copyright Act

Media Watch’, ABC, 17 August 2009

[Link to warning notice]


 Where it is not possible to include a link to the notice from the attribution information, the notice could be displayed (flashed) on the screen as the user logs into the password protected share drive or intranet or content or learning management system or cloud storage. If using this approach, you should modify the notice to make clear that it applies to only some of the material on the repository:

[WARNING]

Some of thismaterial may have been copied [and communicated to you] in accordance with the statutory licence in section 113P of the Copyright 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 your TAFE has opted into the Statutory Broadcast Licence and you require more information, see the Smartcopying website at: www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-licences)/education-licence-a-statutory-broadcast-licence

Smartcopying Tips for Radio and Television

The institute or department / administering body pays fees for the copying of broadcast radio and television programs under the Statutory Broadcast Licence. To minimise the costs payable under this licence, it is good practice to:

  1. Link, where possible, to online programs on broadcaster websites.
  2. Limit access to the broadcast to those students who need to access the broadcast for class or homework exercises (e.g. students enrolled in one course rather than all students enrolled at the institute).
  3. Remove the broadcast as soon as it is no longer required for class or homework exercises.  For more information about deleting and archiving, see Appendix A.