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Q&As about recording from TV & radio for education
These Q&As are for educational institutions covered by a remuneration notice with Screenrights: see Recording from TV & radio for educational purposes
See also glossary of terms.
| Does Part VA cover satellite broadcasts and cable programs? | Yes. An educational institution may record a TV or radio program received via satellite or via cable, provided the recording is made in Australia. |
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Does Part VA cover a broadcast from overseas?
| In our view, yes. An educational institution may record a TV or radio program transmitted from outside Australia, provided the broadcast is received and recorded in Australia. |
| Does Part VA cover a recording made overseas? | No. Only recordings made in Australia are covered. |
| May teachers record programs at home? | Yes. Part VA allows a teacher to record programs for educational purposes, at home, on behalf of an educational institution which has given a remuneration notice to Screenrights, and any marking requirements and/or record keeping requirements are met. If the recording was initially made for another purpose, however – such as for the teacher's personal viewing at a more convenient time – then Part VA does not apply. An educational institution may have policies about who should record programs on its behalf and where this should be done. |
| May an educational institution make more than one copy of a recorded program? | Yes. Any number of copies may be made of a recorded program, provided each copy is made for the educational purposes of the institution, and any marking requirements and/or record keeping requirements are met. |
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May an educational institution communicate a recorded program more than once?
| Yes, provided each communication is for educational purposes and any marking requirements and/or record keeping requirements are met. |
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For how long can we keep a recorded program available online?
| There is no limit on how long you can leave a program available online, provided it is solely available for educational purposes. If, however, your institution is covered by a records notice, or is participating in a survey, you need to record a program left online for more than 12 months as having been copied and communicated a second time. |
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Does Part VA allow an educational institution to lend recorded programs?
| Yes, but only for educational purposes and only to a student or staff member of the institution. Although the Copyright Act is not entirely clear, it seem that you may not lend a recorded program to another institution, even if it has given a remuneration notice to Screenrights, because the recording would then be used something other than the educational purposes of the institution for which it was made. You can, however, make a copy of your recorded program for another institution that has given a remuneration notice to Screenrights, provided you meet any marking requirements and/or any record keeping requirements. Any marking should refer to the institution for which the copy is made, rather than to your institution. |
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May an educational institution sell copies made under the scheme?
| Copies made under Part VA may not be sold or supplied to anyone for a profit. They may, however, be supplied to students or other institutions, and a cost recovery fee charged. |
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Does Part VA allow me to record a program to see if I want it for the class?
| Yes. You can record a program and then decide whether it is suitable for the class or the library. If the recording is used, or if it is kept for more than 14 days, you must meet any marking requirements and/or record keeping requirements. |
| May we edit copies to make up a compilation tape from lots of programs? | Yes, provided this is for educational purposes, and you meet any marking requirements and/or record keeping requirements. |
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May we include excerpts from a recorded program on a CD-ROM?
| Yes, provided this is for educational purposes, and you meet any marking requirements and/or record keeping requirements. |
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How long can we keep a recorded program? | You may keep the recording indefinitely. |
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May we ask another educational institution to record a program for us or make a copy of recorded program in their collection?
| Yes, provided your institution is covered by a remuneration notice, and the program is recorded (or the copy is made) for educational purposes, and any marking requirements and/or record keeping requirements. Any marking should show the name of your institution. |
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Can we use technology – such as cable,
point-to-point satellite, content management systems, or learning
management systems – to deliver programs from a central server to
classrooms?
| Yes, where the transmission merely facilitates a screening in class, or where the transmission is for educational purposes and the institution is covered by a remuneration notice for communication. |
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Can we bypass scrambling and encryption used by pay TV to pick up or decode television programs?
| No. The Copyright Act prohibits unauthorised decoding of encrypted broadcasts. There are no exceptions for educational institutions. |
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Can we copy web radio and web TV under the Screenrights scheme?
| In
our view, Part VA can allows you to record programs that are webcast,
by an Australian broadcaster, simultaneously with a TV or radio
broadcast. There are, however, difficult technical and legal issues. Part VA also now allows you to 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 there are terms and conditions for the use of the file, these may limit what you may otherwise be entitled to do under Part VA. |
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What should we do if we miss a program or damage our copy?
| If you miss a television program that you would like to have taped or have since damaged your copy, you may be able to get a copy from a resource centre. Screenrights also may be able to assist. |
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We missed a radio broadcast, so subsequently bought a tape from the broadcaster. Can we copy this tape under Part VA?
| No.
The tape you have is of a radio program, but it is not a recording made
under Part VA for educational purposes, and thus may not be copied
under Part VA. You can play the tape in class. If you missed a radio broadcast, you might want to see if Screenrights can put you in touch with another educational institution which may have copied the program under Part VA. Alternatively, contact the radio station to see if it can sell you more copies or give you permission to make the copies you need. |
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What should we do if we miss a program or damage our copy?
| If you miss a television program that you would like to have taped or have since damaged your copy, you may be able to get a copy from a resource centre. Screenrights also may be able to assist. |
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Can a school keep a copy of a pay TV program under Part VA (the Screenrights scheme) even if it does not have a subscription to that channel? | Part VA allows a school to copy and communicate anything from television, including pay TV, provided the transmission is received in Australia, and the school is covered by a remuneration notice with Screenrights. Part VA also allows a school that has recorded a pay TV program to make a copy for another school that is covered by a remuneration notice with Screenrights. The school that has recorded the program may, however, need to check its subscription contract in case copying and/or supplying a copy of the program to another school would breach the contract. Part VA also allows a teacher to record a pay TV program at home, for the school, provided the school has a remuneration notice with Screenrights and any marking and/or record keep requirements are met. The teacher may need to check that copying the program for the school does not breach the subscription contract. Note that there are prohibitions in the Copyright Act against unauthorised access to encoded broadcasts. |
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Is it OK to upload and download files 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. |
More
- more Q&As
- links to information sheets, practical guides, training and other websites on our education page
- getting help with a particular issue