Digital Economy Bill Approved by UK House of Lords
Copyright Society seminar: All change for the Digital Economy? Some observations from the history of copyright
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Marking requirements under Part VA
Terms in bold are defined in a glossary of terms.
Part VA requires certain information to be included on analog recordings and copies, and with some communications of recorded programs.
Analog copies
If you have made an analog copy (such as a videotape or cassette tape), you must make sure that certain information appears on the tape or on its container. In most cases, this information is:
- the name of the educational institution for which the copy was made;
- a reference to Part VA of the Copyright Act;
- the date on which the recorded program was broadcast; and
- if it's a later copy a recorded program, the date on which the copy was made.
The information you need to include may be different if your institution is covered by a records notice rather than a sampling notice. Very few institutions are covered by records notices, but if yours is one of them, you should check your marking obligations with your institution or with Screenrights.
Digital copies
There is no legal obligation to include any information in or on digital recordings or copies. In practice, however, including this information can help you meet other legal obligations in Part VA, such as making sure recordings and copies are not used for any purpose other than an educational purpose. In addition to including the information on any physical media (such as DVDs and CDs), you may also want to include the information in the digital file itself (for example, as part of the metadata).
Communications of recorded programs
Most communications of recorded TV and radio programs under Part VA must be accompanied by the following message:
COMMONWEALTH OF AUSTRALIA
Copyright Regulations 1969
WARNING
This material has been copied and communicated to you by or on behalf of [insert name of institution] pursuant to Part VA of the Copyright Act 1968 (the Act).
The material in this communication may be subject to copyright under the Act. Any further copying or communication of this material by you may be the subject of copyright or performers' protection under the Act.
Do not remove this notice.
You do not need to include the message if the communication is only accessible, on the institution's premises, to people who do not have the means to make an electronic copy or to further communicate the material.