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 our view, yes. An educational institution may record a TV or radio program transmitted from outside Australia, provided the broadcast is received and recorded in Australia.

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No. Only recordings made in Australia are covered.

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Yes. Part VA allows a teacher to record programs for educational purposes, at home, on behalf of an educational institution which has given a remuneration notice to Screenrights, and any marking requirements and/or record keeping requirements are met. If the recording was initially made for another purpose, however – such as for the teacher's personal viewing at a more convenient time – then Part VA does not apply.

An educational institution may have policies about who should record programs on its behalf and where this should be done.

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Yes. Any number of copies may be made of a recorded program, provided each copy is made for the educational purposes of the institution, and any marking requirements and/or record keeping requirements are met.

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Yes, provided each communication is for educational purposes and any marking requirements and/or record keeping requirements are met.

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