August 2007

Part 1: Introduction
Part 2: Overview of copyright
Part 3: Individuals with a print disability
Part 4: Print disability organisations
Part 5: Educational provisions of the Copyright Act
Part 6: Copyright owners
Part 7: Glossary

Educational provisions of the Copyright Act

Under the Copyright Act, educational institutions are, by definition, also print disability organisations. If your organisation is an educational institution, you are likely to rely on the print disability provisions for some things and on the educational provisions for others. Note that the administrative requirements for each set of provisions are different.

This Part gives a simplified account of the provisions for educational institutions. For detailed information, see the following:

• Australian Copyright Council material for educational institutions, including Practical Guides, listed at http://www.copyright.org.au/education.htm;
• CAL, at http://www.copyright.com.au/educational_institutions.htm (for information about using print material); and
• Screenrights, at http://www.screenrights.org/ (for information about copying from radio and television).

The differences between the print disability provisions and the educational provisions are summarised in the table below.

5.1    Differences between the print disability and educational provisions of the Copyright Act

	Print disability provisions	Educational provisions
Things that can be copied and communicated for individuals	Literary and dramatic works only (hard copy, digital file or sound recording originals).	Literary, dramatic, musical or artistic works in hard copy or electronic form; audiovisual material from broadcasts.
Amount that can be copied and communicated for individuals	All of a literary or dramatic work.	Generally, a “reasonable portion” (10% or one chapter); more if the work is not commercially available; a whole article from a journal or a program copied from a radio or TV broadcast (including podcast and vodcast versions of programs that have been or will be broadcast).
Administrative requirements when copying for individuals	Copies must be used for people with a print disability only. If you supply copies in digital form, you must send a warning notice with the copy. You must report copies to CAL, on a sampling or full records basis. Currently, no licence fee is paid. You must check commercial availability in that format. You must not sell copies for more than the cost of making and supplying them.	Copies must be used for educational purposes only. If you supply copies in digital form, you must send a warning notice with the copy. You must report copies to CAL and Screenrights, on a sampling or full records basis. Annual licence fees are paid to CAL and Screenrights under the statutory licence. If more than a “reasonable portion” is used, you must check commercial availability. You must not sell copies for more than the cost of making and supplying them.
Other issues	You can copy and communicate master copies for other print disability organisations, including educational institutions (provided the copies will only be used for people with a print disability).	You can only use copies made under these provisions for the educational purposes of your organisation or another educational institution. You can make and communicate copies on behalf of print disability organisations.

5.2    When are the educational provisions relevant?

In many cases, you could rely on either set of provisions to copy for students with a print disability. In most cases where you need to copy the whole of a literary or dramatic work in an accessible format, you will rely on the print disability provisions.
However, as a rule of thumb, it is probably simplest to rely on the educational provisions in the circumstances set out in the following paragraphs.

a.     Handouts for all students in a course

Any time you are copying material such as course handouts, “reading bricks” and other material that is distributed to students generally, you will rely on the educational provisions. You do not need to rely on the print disability provisions to make accessible-format copies of this material for students with a print disability (although you could do so if the material being copied is text only).
Relying on the educational provisions in this situation may make administration easier, as you can (within the relevant limits) copy diagrams, illustrations or other artistic works, and print music, in the materials without needing permission.

b.    Music, artistic works

Since you can’t copy print music or artistic works under the print disability provisions, you will always need to rely on the educational provisions when copying such material for your students. (However, you do not need permission to create a text description of an image.)

c.    Audiovisual material

Since you can’t copy audiovisual material under the print disability provisions, you will always need to rely on the educational provisions when copying from television or radio for your students. These provisions allow you to edit the recordings, and make modifications necessary for students with a disability. There are no limits on the amount of a program that can be copied, and there is no need to check for commercial availability of the broadcast material you copy. However, there are marking and other requirements.

You can’t copy or communicate non-broadcast copies of audiovisual material (such as commercial copies of videos, DVDs and sound recordings) under the educational provisions. However, in some cases, you may be able to do it under the new “special case” exceptions for educational institutions or for people with disabilities.

5.3    Administrative requirements

During a period when CAL has asked you to complete a sampling survey, accessible copies made in reliance on the educational provisions should be recorded in the survey – even if the accessible copies are being made separately in a specialised unit for students with a print disability.

Note that if you request a digital file from a publisher, you may enter into an agreement with the publisher about how the material will be used. You should make sure you are aware of, and comply with, the terms and conditions on which the digital file is provided (see the Sample Agreement for publishers and print disability organisations).