The Copyright Act allows the University to record,
reproduce, perform and/or communicate radio and TV broadcasts for educational
purposes. Communicate means to make the item available online or to email or
fax the item to someone. This provision includes any material that has been
broadcast such as films, commercials, recorded music, radio interviews etc on
free-to-air radio or TV, pay television, satellite broadcasts or podcasts of
broadcasts. It does not include reproducing moving images or sounds from the
internet.
What can you do?
You can:
• record a
radio or TV program to show in class, use as teaching material or make a copy
available in the library.
• download
a podcast of a broadcast to show in class, use as teaching material or make a
copy available in the library.
• make
multiple copies of a recording to give to students.
• make a
copy of the recording available online via FLO for students to watch or
download.
This provision is very flexible, you can:
• record
the program yourself, either at home or at work.
• record
the broadcast in part or in full. You can record an entire series if required,
for example all episodes of Buffy the Vampire Slayer.
• use any
format - broadcasts can be recorded on DVD or CD or as an mp3 or mpeg file to
play on a digital player or downloaded
• make
multiple copies - if each student enrolled in the course requires a copy, then
you can make enough copies for each student. However, if you wanted to charge
students for the copy, you could only do so on a cost-recovery basis.
Some conditions apply:
1. It must
be for educational purposes - educational purposes are defined as reproducing
or communicating material for a particular course of instruction or for the
administration of that course. They also cover reproducing material to be
included in a library collection. Educational purposes do not cover general or
commercial activities of the University, such as marketing and promotion.
2. You can
not copy any pre-recorded videos, DVDs or sound recordings.
3. You must
mark each copy, either on the item itself or on the container, with the
following:
o the name
of the institution for which the copy is made;
o a
reference to Part VA of the Copyright Act;
o the date
on which the program was broadcast or transmitted;
o the date
on which the copy was made.
Using Podcasts for Educational Purposes
You can download a podcast of a broadcast from the web to
show in class, use as teaching material or make a copy available in the
library. Australian podcasts and webcasts can be copied for educational
purposes if they were originally 'born' as free broadcasts, e.g.; the podcast
of Andrew Denton's Enough Rope was originally broadcast on the ABC and
therefore can be copied . You must follow the requirements for using broadcasts
as outlined above.
Podcasts and webcasts that were originally broadcast
overseas can also be copied - so long as the country of origin has signed the
Rome Convention. Please note: many countries are not signatories, including the
United States, New Zealand, China, Hong Kong and Singapore. (Click here to see
a full list of countries that have signed the Rome Convention). Podcasts from
countries that are not covered can still be linked to.
Podcasts and webcasts that were created exclusively for the
internet and have not been broadcast 'free-to-air' are not included and
permission from the copyright owner would be required to copy these for
educational purposes. You may however provide students with a link to the
podcast or webcast.
Source : flinders.edu.au.
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