Can an educational institution incorporate text and images from a website to use in a powerpoint presentation for the purposes of teaching the class?

9.6.2009

You will almost invariably be able to copy entire artworks such as illustrations, graphs, cartoons and photos from the internet to use for educational purposes.

 

You can copy 10% of the words in any text you find on a website and you can copy an entire article from a newspaper or periodical, or multiple articles if they relate to the same subject matter.

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I work in a school with an AMCOS print music copying licence. We have 40 people in the band, but the licence only allows us to make 30 copies of band parts. What should we do?

26.5.2009

Under the AMCOS licence, a school can copy more than it is otherwise entitled to under the Copyright Act, but the trade-off is that there is a limit on the number of copies that can be made from each commercially purchased copy owned by the school or by the relevant teacher.

 

Your options under the licence, therefore, are either:

 

  • make do with the number of copies you can make under the licence (for example, by getting the students to look on if you don’t have enough parts); or

  • acquire another set of the parts so you can make further permitted copies. http://www.apra-amcos.com.au/MusicConsumers/MusicinBusiness/Schools.aspx

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Can a staff member or teacher in a school copy music parts for a student’s practice in the school band under Part VB?

14.6.2009

Print music may be copied under Part VB of the the Copyright Act, administered by CAL.

 

In most cases, however, the limits on the amount that may be copied under Part VB mean that a school will be better off copying under its AMCOS licence. (Under the Part VB provisions, you may only copy a “reasonable portion” of a work that is separately published and commercially available, while the AMCOS licence permits you to copy an entire piece, provided you or your school owns a commercially produced copy.)

 

We understand that some of the school sectors which have entered into AMCOS print music agreements are happy for that agreement to be seen as an agreement which in practice replaces the Act insofar as print music is concerned. You should, however, get advice from your school’s peak organisation or governing body as to whether or not, as a matter of practice, you should photocopy music only in reliance on the AMCOS agreement.

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Can we make “top up” copies if students lose an AMCOS licensed copy?

18.6.2009

Under the print music licence AMCOS offers to schools, you are entitled to make up to a certain number of copies, depending on the number of copies you own, and depending on the type of music it is.

 

In the event that a copy is lost or damaged, you are entitled to make replacement copies. We understand that AMCOS advises that, in marking the copies, you add the words “replacement copy”.

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Can a student copy music for practice without infringing copyright?

26.8.2010

If the music is protected by copyright, a special exception in the Copyright Act allows a student to copy it for research or study provided the copying is "fair". Copying a work that is available for purchase is unlikely to be fair. If the practice is part of the student's research or study, the student may be able copy the music under the exception.

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Can a student’s parent copy music parts for the student’s practice in the school band without infringing copyright?

18.6.2009

If the music is protected by copyright, a special exception in the Copyright Act (section 40) may allow a student's parent may be able to copy it for the student's research or study, provided the use is fair. Section 40 This will be be affected by whether the practice is part of the student's research or study, and whether the parent's copying is for that purpose. Section 40 is unlikely to apply if the parent is copying the music to encourage the child to practice, rather than copying on behalf of the child for his or her research or study (a the instigation of the child). Section 40 is also unlikely to apply if the parent has been asked by the school to make the copy.

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