The provisions in Part VB usually only allow you to copy 10% or 1 chapter of something like a book. You can copy more than this if copies of the book aren’t available in a reasonable time at an ordinary commercial price.

In many cases, different editions of a book such as a textbook are quite different, so in copyright terms would be different “works”. Publishers don’t usually keep older editions available, so in most cases you will be able to copy more than the usual 10% or one chapter of these older editions – even all of it if you need it for your institution’s “educational purposes”.

So, to work out how much of a particular edition you can copy, there are really two things you’ll need to check on: are there real differences between the edition you want and the edition that’s now available?; and, is the old edition now unavailable (other than second hand)?

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As noted above, who owns copyright in a photograph is usually determined by the agreement between the photographer and the client. If the issue is not covered by an agreement, then copyright is usually owned by the photographer unless the photograph was taken in return for a fee or other “valuable consideration”. If the photograph was commissioned before 30 July 1998, the client owns copyright only if the photograph was taken for a “private or domestic purpose”. If the photograph was taken for a student to take home, it is likely it was taken for a “private or domestic purpose”.

If a photographer takes photographs in a school “on spec”, without an agreed payment but in the expectation that students will buy prints, it is likely that copyright is owned by the photographer.

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Legally, anyone who does something that infringes copyright is liable. Someone who instructs someone else to do something that infringes copyright may also be liable, as may the organisation that employs them.

In practice, a copyright owner is more likely to sue the organisation in which the infringements are taking place than the individual employees involved.

To protect both yourself and the organisation in which you are working, however, if you are asked to make copies that you believe will infringe copyright, consider the following options:

• refer to any relevant in-house guidelines you have that can confirm in writing that you are correct in your view;

• seek advice or assistance from your immediate supervisor or manager; and

• (if available) seek advice or assistance from the copyright adviser working within your organisation.

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A teacher may infringe copyright if he or she authorises a student to make an infringing copy. Authorising an infringement may include directing or suggesting that a student copy material where that copying is an infringement because, for example, it falls outside the scope of the research or study exception or the educational copying licences.

Generally, a teacher will not be liable for infringing copies made by a student on copying equipment (including computers) in a library of the educational institution, provided that the prescribed warning notice is placed near the machine. It is a good idea to have similar notices near copying equipment throughout the institution.

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Where copyright is infringed, the copyright owner generally has the right to bring an action against the infringer to recover damages or an account of profits. Damages is a sum of money intended to compensate the copyright owner for money lost, or spent, in respect of the infringement, and will vary with the circumstances. An account of profits is the profit made by the infringer in selling the infringing copies.

There are also penalties for not co-operating with inspections of premises by representatives of CAL and Screenrights.

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In some cases, the students may have been able to rely on the “fair dealing” provisions to copy music into their videos or PowerPoint presentations. Alternatively – in schools only – the students may have been able to rely on the AMCOS/ARIA licence to synchronise recorded music into films.

However, the educational institution will not necessarily then be in a position to upload the students’ work to its network. Assuming, therefore, that the student owns copyright in the other material on the film or in the presentation, the best ways to approach this situation would be:

• remove the music tracks before uploading the files; or

• provide students with a “safe pool” of music they can use (for example, music that has been recorded by the institution from radio under the Screenrights scheme). http://www.apra-amcos.com.au/MusicConsumers/MusicinBusiness/Schools.aspx

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