Copyright Information for Schools - Frequently Asked Questions

General

What is a ‘remunerable’ copy?

A ‘remunerable copy’ is a copy (reproduction) for which a fee is paid. The Department of Education and Early Childhood Development pays licence fees to collecting societies in relation to the use of copyright material by Victorian government schools. The fees are calculated based on surveys of use of copyright material in schools across Australia. So when copyright material is used in a school there is no direct charge, but indirectly the Department pays fees of around ten million dollars a year.

Audiobooks

Can a school record its own audiobooks and place them in the library for students to borrow?

A school cannot record an audiobook if there is an audiobook of the title available commercially. However, if there is no audiobook of the title available within 30 days at the normal price for such an audiobook, a school may record its own version. If there is an audiobook product available for purchase, a school may only record one chapter or ten percent of the book. (This recording is covered by the educational licence arrangements – specifically, the statutory licence under Part VB of the Copyright Act. The statutory licence arrangements are managed centrally by the Department on behalf of all Victorian Government Schools.)

Interactive White Boards

Can a teacher scan material (e.g. a newspaper article or part of a book) and display it on an interactive whiteboard in the classroom?

Yes. Scanning material is a reproduction covered by the statutory licence under Part VB of the Copyright Act.

Displaying the scanned copy on an interactive whiteboard involves a communication that is covered by an exception in the Copyright Act (section 28). The purpose of displaying the scanned copy must be educational instruction.

Music

Can schools play the radio or commercially-recorded music over the PA system?

Yes.

This is covered by one of the education licences – the APRA Licence for the Public Performance and Communication of Musical Works by Schools. The licence allows commercially-distributed sound recordings to be played on school premises - and at school events that are not on school premises - providing that no entry fee is charged. (The licence is managed centrally by the Department on behalf of all Victorian Government Schools.)

Can students use commercially-recorded music in their films and DVDs?

Yes – in some circumstances.

Students are able to incorporate parts of musical works or sound recordings, as well as extracts from existing films and other audio-visual works, in their films or videos providing that this is done within the fair dealing provisions of the Copyright Act – which means:

1. the purpose of the video/film must be connected with the student’s course of study at the school;
2. the video/film can only be played at school or in the student’s home - it may not be used for any other purpose – e.g. entry into a film festival or competition; inclusion in an employment portfolio. (Any such use would require separate permission through AMCOS for the use of musical works, and ARIA for use of any commercial sound recording. Use of an extract from a film would also require additional permission through the film producer or copyright owner noted in the film.

Important note: The music that students use must be a copy of legitimately acquired music. Also, students should never circumvent technological protection measures.

Can students perform songs from musicals at school concerts?

Yes, provided that no more than twenty minutes of music from any one musical is used. (This use is covered by one of the educational licences – the APRA Licence for the Public Performance and Communication of Musical Works by Schools. The licence is managed centrally by the Department on behalf of all Victorian Government Schools.)

Important note: If it is intended to use more than twenty minutes from a musical, a special licence would need to be obtained from APRA.

Films/Videos/DVDs

Can VHS tapes be converted to DVD?

If a VHS tape contains copies of free-to-air or subscription television broadcasts, this is permissible. (This is covered by the educational licence arrangements – specifically, the statutory licence under Part VA of the Copyright Act – the Statutory Broadcast Licence. The statutory licence arrangements are managed centrally by the Department on behalf of all Victorian Government Schools.)

If a VHS tape contains other content, then it may be possible to convert the tape to DVD depending on the application of the 'flexible use exception' in the Copyright Act (s200AB). Conversion will be possible if:

• the VHS tape has been legitimately acquired;
• the DVD copy is being made for the purpose of educational instruction;
• it is not possible to buy a DVD copy within a reasonable time; and
• you are not going to use the DVD copy in a way that would unreasonably prejudice the copyright owner.

It is not permissible to convert VHS tapes to DVD 'just in case' they are needed, nor is it permissible to convert a whole library or collection.

The DVD copy should be labelled to indicate that it has been made under the flexible use exception. The words 'Copied under s200AB of the Copyright Act 1968 (Cth)' should be included, along with details of the VHS tape from which the copy has been made.

Can VHS tapes be transferred to Learning Management Systems (e.g. ‘Clickview’) and distributed in this way?

If a VHS tape contains copies of free-to-air or subscription television broadcasts, this is permissible. (This is covered by the educational licence arrangements – specifically, the statutory licence under Part VA of the Copyright Act – the Statutory Broadcast Licence. The statutory licence arrangements are managed centrally by the Department on behalf of all Victorian Government Schools.)

If a VHS tape contains other content, then it may be possible to transfer the tape to a Learning Management System depending on the application of the 'flexible use' exception in the Copyright Act (s200AB). Conversion will be possible if:

• the VHS tape has been legitimately acquired;
• the copy on the Learning Management System is being made for the purpose of educational instruction;
• it is not possible to buy a copy in the format required for use in connection with the Learning Management System within a reasonable time; and
• you are not going to use the copy on the Learning Management System in a way that would unreasonably prejudice the copyright owner.

It is not permissible to transfer VHS tapes to a Learning Management System 'just in case' they are needed, nor is it permissible to transfer a whole library or collection.

The Learning Management System copy should be labelled to indicate that it has been made under the flexible use exception. The words 'Copied under s200AB of the Copyright Act 1968 (Cth)' should be included, along with details of the VHS tape from which the copy has been made

Can a video or DVD that a teacher has privately purchased be shown to a class?

Yes, provided the DVD is shown in the course of education and not for profit, and students in the class are receiving instruction.

(Important Note: Films/DVDs/videos may not be played just for entertainment, but only for educational purposes.)

Resource Books

What do teachers need to do to be ‘copyright-compliant’ when putting together resource books for distribution to students?

Typically resource books contain hard copies of printed material or of electronically stored materials. These copies are permitted – within limits –under the statutory licence in Part VB of the Copyright Act. Charges for resource books may only be made on a cost-recovery basis.

The Department requires that material be labelled appropriately in order to manage the licence effectively.

The requirements are that:

1. a Part VB notice [will be linked to Part VB notice] be included at the front of the bound resource book; and
2. the name of author, title and year of the publication, name of the publisher and details of the pages copied be written/printed on the first page of the relevant copied material

Occasionally other printed materials are included in a resource book. Two examples are provided here. For other unusual situations, please contact the copyright helpdesk (copyright@edumail.vic.gov.au) for advice.

Transcripts of radio or television programs

It may be possible to type out a transcript of a radio or television program under an ‘exception’ in the Copyright Act which is referred to as the ‘flexible use exception’ or s200AB exception. This will depend on whether:

• the transcript is prepared for the purpose of educational instruction;
• it is possible to buy a copy of the transcript within a reasonable time; and
• you are going to use the transcript in a way that would unreasonably prejudice the copyright owner. 

The transcript should be labelled to indicate that it has been made under this exception. The words ‘Reproduced under s200AB of the Copyright Act 1968 (Cth)’ should be included on the page(s), along with details of the radio or television program from which the transcript has been made.

Copies of parts of musical works or transcriptions of parts of musical works

This type of reproduction is covered by the AMCOS Schools’ Photocopying Licence. Copies of parts of musical works (including a transcription of a musical work) must be within the limits of the licence (see Quick Reference Guide [will be linked to QRG]) and the page(s) must be labelled with the words ‘Reproduced under the AMCOS Schools’ Photocopying Licence’.

Labelling

What labelling is required when materials are copied for use in schools?

This varies depending on the form of the original, the form of the copy, and the purpose of the reproduction and/or communication. Please see the guide to labelling, Copyright Labelling Guidance.

CD-ROMs

Can we make back-up copies of CD-ROMs?

Yes, if the CD-ROM contains computer software only. Otherwise, no, unless the CD-ROM licence allows this (check the ‘shrink-wrap’ licence purchased with the CD-ROM).