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Recording from TV & radio for educational purposes
May 2009
This information is for general guidance only; it is not legal advice.
First read:
More
This information is for general guidance only; it is not legal advice.
First read:
- copyright basics webpage
- Education & training: copyright resources webpage
| Terms in bold are defined in a glossary of terms | more | |
|---|---|---|
| Can your educational institution record from TV and radio? | Part VA of the Copyright Act allows an educational institution to record from TV and radio, provided the institution has given a remuneration notice to Screenrights. You need to check two things:
We refer here to institutions covered by remuneration notices as participating institutions. All government schools and universities are participating institutions, as are Christian Parent Controlled Schools, Christian Schools Australia and Seventh Day Adventist Schools. Most independent schools, schools governed by the Catholic Education Offices, and TAFEs are also participating institutions. Institutions that should check their status include Catholic Education Office schools in North Queensland and Victorian TAFEs (some TAFEs have given remuneration notices for copying but not for communication). | glossary of terms |
| What can you record under Part VA? | You
can record anything that is broadcast on TV or radio, including news,
current affairs, movies, documentaries, miniseries, serials and
commercials. We use the term "program" here to describe anything
recorded from TV or radio, including movies and commercials. You can also copy free-to-air broadcasts that are made available online by the broadcaster – such as podcasts and vodcasts on the ABC website of programs that have been broadcast on the ABC. If you are required to agree to certain terms and conditions before you can get access to the file, these may limit what you may otherwise be entitled to do under Part VA. You can record all or part of a program. You can record an entire program even if it is available on DVD or video. Part VA is thus different to Part VB, which limits the amount of text, still images and notated music that can be copied if a copy of the work is available for purchase. | glossary of terms |
| Where can you record? | You can record a program anywhere – including at home – provided it is done for the educational purposes of a participating institution. | glossary of terms |
What can you do with a recorded program? | The recording must be made solely for the educational purposes of a participating institution, and all uses of it must be solely for educational purposes. If a recording is used for another purpose, it is deemed to be an infringing copy from the time it was made. You can copy a recorded program, provided it is for the educational purposes of a participating institution. You can also communicate a recorded program for educational purposes, provided your institution is covered by a remuneration notice for communication as well as for recording and copying. You can also communicate a program for another partipating institution. Most educational institutions are covered by remuneration notices for copying and for communication. You can also screen or play a recorded program in class. | |
| What can't you do with the recording? | A recorded program, and any copy of it, is deemed to be an infringing copy from the time it was made if the recorded program or copy is:
To make sure that recorded programs, and copies of them, are not used for purposes other than educational purposes, Screenrights recommends that you keep the copies at the institution except when on loan to staff or students. | glossary of terms |
Information on recordings, copies & communications | Where a recording or copy is in an analog (rather than digital) format – such as video – you must include certain information on the tape or its container. Also, in most cases you have to include certain information with any communication of a recorded program. | Marking requirements under Part VA |
| Keeping records of recording, copying & communication | A remuneration notice can be a records notice or a sampling notice.
If your institution is covered by a records notice, you have to keep a
record of certain information about each recording you make, and about
each copy and/or communication of that recording. You also have to record this information if your institution is covered by a sampling notice, and your institution is participating in a survey of copying. Screenrights conducts periodic surveys of recording, copying and communication in a statistical sample of participating institutions. We understand that all government schools and universities, and most other institutions, are covered by sampling notices, and thus only need to keep copying records when they are participating in a survey of copying. | glossary of terms |
| Moral rights obligations (attribution and integrity) | Moral rights
are legal obligations to attribute creators, and to avoid doing things
with copyright works – such as making changes – that would harm a
creator's reputation or honour. This means, for example, that if you
record an entire program, you should include the credits. | moral rights |
| Non-broadcast AV material | Part VA does not
apply to purchased, hired or borrowed DVDs, videos, CDs or other audio
recordings. In some limited cases, an educational institution can copy
or communicate from these under section 200AB of the Copyright Act. | section 200AB |
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