No. The tape you have is of a radio program, but it is not a recording made under Part VA for educational purposes, and thus may not be copied under Part VA.

You can play the tape in class.

If you missed a radio broadcast, you might want to see if Screenrights can put you in touch with another educational institution which may have copied the program under Part VA. Alternatively, contact the radio station to see if it can sell you more copies or give you permission to make the copies you need.

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Part VA allows a school to copy and communicate anything from television, including pay TV, provided the transmission is received in Australia, and the school is covered by a remuneration notice with Screenrights.

Part VA also allows a school that has recorded a pay TV program to make a copy for another school that is covered by a remuneration notice with Screenrights. The school that has recorded the program may, however, need to check its subscription contract in case copying and/or supplying a copy of the program to another school would breach the contract.

Part VA also allows a teacher to record a pay TV program at home, for the school, provided the school has a remuneration notice with Screenrights and any marking and/or record keep requirements are met. The teacher may need to check that copying the program for the school does not breach the subscription contract.

Note that there are prohibitions in the Copyright Act against unauthorised access to encoded broadcasts.

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Yes, provided:

• it is for educational instruction, and

• the instruction is not for profit.

It is not necessary to record the program first.

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Copyright is property, and can be bequeathed in a will like other property. It can be left to one or beneficiaries.

If the copyright owner does not leave a will, the copyright will be distributed along with any other property according to the the laws of inheritance (these can vary from state to state).

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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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