US Introduces New Copyright Exemptions
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Overview of special copyright provisions for educators
June 2009
This information is for general guidance only; it is not legal advice.
There are a number of special exceptions in the Copyright Act that affect educators. Below is a list of the main ones.
First read:
copyright basics webpage
- Educators webpage
| special provisions for | copyright provision | description | More |
|---|---|---|---|
| copying and communicating text, images and notated music | Part VB | In Part VB, there is one set of provisions that allows copying of print resources such as books and newspapers (the “hardcopy scheme”), and another that allows copying and communication of digital material (the “electronic use scheme”). “Communication” includes making available online (on an intranet, for example) and email. In each scheme, the amount of a work that can be used is, in most cases, limited to a “reasonable portion” if the work is available for purchase. Certain information must be included with digital copies and communications. If a copy is sold, or used for a purpose other than education, it is deemed to be an infringing copy | Using text, images & notated music for educational purposes |
| copying and communicating material from TV and radio | Part VA | Part VA allows educational institutions to record from radio and TV for educational purposes, and to copy and communicate those recordings. Unlike Part VB, Part VA allows an entire program to be recorded and copied, even if you can buy that program (on DVD, for example). Certain information must be displayed on analogue recordings and copies, and with communications of recorded programs. Part VA only applies to audiovisual material sourced from a broadcast. It does not apply to purchased, rented or borrowed DVDs or videos. Nor does it apply to a digital download or podcast, unless it is a program that has been shown as a free-to-air broadcast and has been made available online by the broadcaster (on the ABC website, for example). If a copy is sold, or used for a purpose other than education, it is deemed to be an infringing copy. | Recording from TV & radio for educational purposes |
| using material in a “special case” | section 200AB | Section 200AB allows an educational institution to use copyright material for educational instruction, in certain cases, where the use is not covered by other specific exceptions in the Copyright Act. It does not apply to a use covered by Part VA of the Copyright Act (recording and communicating TV and radio programs) or Part VB (copying and communicating text and images). Section 200AB is more complex than other exceptions in the Copyright Act, and you will usually need advice about whether or not it applies in a particular situation. | section 200AB |
| playing music and screening films in class | section 28 | Videos, DVDs & films: screening in class | |
| copying by hand “in the course of educational instruction" | section 200(1)(a) | e.g. on a whiteboard | Copying by hand for education |
| copying in connection with exams | section 200(1)(b) | Putting copyright works into an exam question or answer | |
| copying “insubstantial portions” | sections 135ZMB and 135ZG | 2 pages or 1% | “Insubstantial portions” of literary and dramatic works |
| copying by students for their research or study | section 40 | Research or study | |
| Other educational uses of music licensed by copyright owner organisations | Some institutions are covered by licences from copyright owner organisations that allow them to make uses of music not covered by the special exceptions in the Copyright Act. The organisations are Australasian Performing Right Association (APRA: www.apra.com.au), Australasian Mechanical Copyright Owners Society (AMCOS: www.amcos.com.au), Australian Recording Industry Association (ARIA: www.aria.com.au) and Phonographic Performance Company of Australia (PPCA: www.ppca.com.au) | ||
| Libraries in educational institutions | Overview of special copyright provisions for libraries | ||