US Introduces New Copyright Exemptions
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Q&As on Clickview & Learning Management Systems
May 2009
First read:
See also:
Recording from TV & radio for educational purposes
These Q&As are for people in educational institutions. We assume you are familiar with the basic copyright principles in our introduction to copyright and the information on our educators page.
This information is for general guidance only; it is not legal advice.
First read:
See also:
Recording from TV & radio for educational purposes
These Q&As are for people in educational institutions. We assume you are familiar with the basic copyright principles in our introduction to copyright and the information on our educators page.
This information is for general guidance only; it is not legal advice.
| question | answer | more | |
|---|---|---|---|
| Can we transfer a TV program we have recorded onto Clickview? | Provided
your educational institution is covered by a remuneration notice with
Screenrights, you can record from television in any format (including
onto VHS tape and DVD), providing the recording is for educational
purposes. You can also copy the recording, into the same or a different
format, for educational purposes. For example, you can copy a recording
made on a VHS tape onto a DVD or onto Clickview. There is no limit on
the number of copies, or the number of formats, provided each copy is
for educational purposes. There is no requirement to destroy the first
recording if you make copies. | ||
| If students miss a class, can we post a commercial DVD to our learning management system (LMS) so they can watch it in their own time from home? | The “special case”/”flexible dealing” provision may in some cases be relied upon to load audio-visual material into an LMS such as Studywizz or ClickView. However, the legal difficulty with relying on that provision in relation to commercial DVDs is that these DVDs are almost invariably protected by CSS (Content-Scrambling System) and you would need to circumvent that protection in order to copy the DVD into the LMS. CSS protection constitutes an “access technological protection measure” (ATPM) under the Copyright Act, and the circumstances in which an ATPM may be circumvented are very narrow, and do not include when the material is being used under the “special case”/”flexible dealing” provision. Alternative solutions:
| QA0020 | |
| Can we load an audio book into our content or learning management system in order to give students online access? | Assuming that the contract under which you bought the audio book doesn’t specifically permit you to load it into a content/learning management system or onto an intranet, you will usually need to contact the relevant publisher or producer to see whether it will give you permission. In some rare cases, you may be able to rely on the “special case” or “flexible dealing” provision (section 200AB) but this is unlikely to be the case where:
| Section 200AB | QA0050 |
| Can we transfer the contents of a DVD we have purchased onto Clickview? | In some cases, you may be entitled to transfer audiovisual content into Clickview. You can, for example, do this with material copied from TV or radio under the Part VA provisions in the Act administered by Screenrights, and in other cases you may be able to do this with commercial copies of AV material. The difficulty with commercial DVDs, however, is that they are usually protected by an access-control technological protection measure (such as CSS); the fact that you otherwise might be able to rely on section 200AB doesn’t permit you to circumvent this protection. The best way to proceed in these cases is to see whether you can acquire a copy of the item from TV under Part VA (for example, from another educational institution or from a resource centre), or whether a copy is commercially available in a file format you can use in your system. In the event that copies are not available from these sources, you might be able to find a video version to use – we understand that the technological protection copyright owners use with videos is not an “access control”, and you are not prevented from circumventing this type of protection if you are able to rely on section 200AB. | QA0047 | |
| Can a school upload a TV program recorded under Part VA to Clickview Exchange? | ClickView Exchange is an internet-based server to which
schools can upload video content to share with other schools, and from
which schools can download video content uploaded by other schools. Schools covered by a remuneration notice with Screenrights can upload and download TV programs recorded for educational purposes under Part VA. If a school wants to upload a program recorded from pay TV, it may need to check that the recording and/or upload do not breach any condition in the subscription contract. | QA0036 | |
| Can we copy a video or DVD into our online learning management system? We can’t buy a copy, but another school is happy to lend a copy to us. | You will usually not be able to copy a commercially produced copy of a DVD into a learning management system – whether or not it is commercially available or available on loan. This is because there are only very limited circumstances in which you can circumvent the access technological protection measures that accompany most commercially produced DVDs. On the other hand, in the right circumstances, you may be able to rely on section 200AB to copy a video into a learning management system. You need to assess this on a case by case basis. Factors that are more likely to enable you to rely on this section would include: * you can borrow a video from another school, but you don’t have any video players in relevant classrooms; and * you do have video players in the classroom, but you won’t be able keep the copy you can borrow for the time that you are going to need it for the relevant classes. There may be less room for the application of section 200AB if you do have DVD players in relevant classrooms and you are able to borrow another school’s copy for the time you are likely to need it. | QA0539 | |
| Under Part VB, can we have more than one “amount” on our intranet at any one time? | Under Part VB, you may only have one “amount” posted onto your intranet at any one time. (for example, 10% of a book or 1 chapter, whichever is greater). This is the case even if you want to make different parts of the material available to students in different courses. The reason for this rule is to guard against educational institutions building up digital versions of entire works where those works are commercially available. There are, however, still a number of ways you can get the material to the students in the different courses, including: * posting one amount to the intranet for students in the one course, taking that amount down and then posting the different amount for the students in the second course; * sending out the one amount via an email to one set of students and then posting the second amount to the intranet; and * giving one set of students their material on USB, for example, and then posting the other amount on the intranet. | QA0540 | |
| How many articles from the one issue of a periodical can we put onto our Learning Management System? | Under the schemes in Part VB of the Act, for any one course, you can only put one article from an issue of a periodical into your Learning Management System, or more than one from the same issue if the articles are on the same topic. There are different views as to whether the schemes in Part VB allow you to have articles on different topics from the same issue in the Learning Management System at any one time (for example, for students in different courses), so you should contact your own copyright adviser to see what view your institution takes on this. Also, if you have acquired your periodical electronically (and particularly under a subscription agreement), check whether the terms and conditions of your licence either limit or extend what you can do under the Copyright Act. | QA0550 | |
| Can we post all the articles from a periodical into our Learning Management System if the issue is a special issue? | Part VB allows you to upload into your LMS those articles that are on the same subject matter. In the event that there is a special issue of a periodical (for example, the periodical “Frogs Today” has a special issue on habitat), you will be able to upload all those articles that are on the same subject matter (in this case, all those that are on habitat). | QA0553 | |
| Can we play DVDs over a content management system or learning management system if there is no loading or archiving involved? | The difficulty with using DVDs in some learning management systems is that the system copies or loads the contents of the DVD into the system. Where this is necessary, it will also almost invariably be the case that you will circumvent an access TPM. This is something that is not currently permitted under the Copyright Act or regulations. On the other hand, if the system you are using streams the contents of the DVD directly over the system from the DVD, no circumvention of an access TPM would appear to be involved. In some cases, it may be difficult to work out whether or not the use of a particular type of technology will involve the circumvention of an access TPM, and the Copyright Council has no expertise in this regard. We understand, however, from the Copyright Advisory Group to the school sector that ClickView-Live does not involve a circumvention of an access TPM and we understand that the Digital Video Commander system is also marketed as a system that streams directly from devices such as DVDs. | Q&As on circumvention of technological protection measures (TPMs) | QA0556 |
More
- more Q&As
- our education page
- Smartcopying website (MCEETYA Copyright Advisory Group).