Broadcast Copying and Communication Policy
Designated officer: Executive Director, Information Services
Council approval: C01/30, 12 June 2001
Last amended: -
Related policies: -
Overview
The University is bound by the Commonwealth Copyright Act 1968, and staff have an obligation to ensure that they are familiar with the provisions of the Act. The University recognises the potential for a beneficial impact on students' learning and the quality of their learning experience through the use of material copied from radio and television broadcasts. Illegal or unauthorised copies of audiovisual programs and copies made of radio and television transmissions (either made directly from the radio and television broadcasts including satellite and cable; or copied later from a pre-existing copy of the broadcast) should not be used at the University or for any University functions. Consequently, the University does not accept responsibility for any unauthorised use of copies of audiovisual programs and off-air copies of radio and television transmissions in University classes.
Policy
1. Principles
The University upholds the right of access to information for the purposes of legitimate academic study, research, review and criticism. The University supports and encourages the responsible use of off-air copies of radio and television transmissions by all staff.
The University recognises the right of audiovisual copyright holders to fair and reasonable reparation for their investment in the audiovisual product and therefore the University endorses the principle of fair dealing in relation to the use of copies of radio and television broadcasts for the educational purposes of the University.
Any individual has the right to make copies of any radio or television (including satellite and cable) transmission for purely personal entertainment, research and private study purposes. Use of this material in a public performance or for resale is prohibited and carries severe penalties as prescribed in the Copyright Act (1968).
The responsibility and liability for the use of unauthorised copies of radio and television broadcasts resulting in breaches of the Copyright Act (1968) rests with the individual or group concerned.
2. Educational purposes
Part VA of the Act contains a statutory licence scheme for the copying and communication of broadcasts (radio, television, satellite and cable). Copying for the educational purposes of the University done in reliance on the provisions of Part VA will not infringe the copyright in the transmission, or in any work, sound recording or cinematographic film included in the transmission.
The educational purposes of the University include:
- use to teach students
- making the copy available to students as part of an activity associated with a course of study in which they are enrolled at the University
- retention in the University library or elsewhere in the (eg by a staff member, made available online through the student intranet) as a teaching resource
The University must also comply with the declarations and marking (labelling) requirements contained in the Act and the Copyright Regulations. A copy of the AVCC's Audiovisual Copying and Communication Guidelines are made available to all University staff from the intranet.
The protection against infringement afforded by Part VA will be lost if the copy is, with the permission of the University: used for a purpose other than the educational purposes of the University; made, sold or otherwise supplied for a financial profit; or given to an educational institution which does not at that time have a remuneration notice in force.
3. Recording off-air broadcasts
The University has developed a set of procedures to be followed by all staff wishing to use copies of television and radio broadcasts under the statutory licencing scheme for the educational purposes of the University. The objectives of the procedures are:
- to minimise the annual cost of copyright fees within the university budget
- to foster responsible use of costly teaching resources
- to ensure compliance with the Copyright Act (1968) within the University
- to facilitate copyright audits and to monitor the payment of any fees due to Screenrights Ltd
- to protect University staff from litigation over illegal use of copyright material copied from radio and television transmissions
Staff members are strongly encouraged to have all off-air copying coordinated by the Library and recorded by IT Services.
Each faculty and organisational unit is to nominate a person to be responsible for coordinating compliance with the University policy on broadcast copying and communication.
Each copy of television and radio broadcasts retained for educational purposes of the University is to be labelled with the information required under the Act as outlined in the procedure.
All copying not coordinated by the Library including copying done at home or by a staff member using equipment located within a faculty/department for use in their own classes or on behalf of someone else must be reported to the Collection Services Librarian. Any copies stored in digital form on CD-ROM or on a LAN server must be separately reported. The person making the copy must do the following:
- record all details of the copying as per the Procedure, Requesting Copying of Off-Air Broadcasts
- label the copy as directed in the procedure. The instructions have been prepared by the AVCC to ensure that all details required by the Copyright Act are provided
- return all details to the Collection Services Librarian within seven days of the end of the month in which the copying was done
Full disclosure is the responsibility of the individual or the department concerned. Failure to comply with these instructions leaves individuals and the University open to a high risk of litigation.
The rules about use of copies of radio and television broadcasts (including satellite and cable) are quite stringent and the penalties for non-compliance can be quite harsh. Failure to comply with the rules leaves both the individual and the University open to litigation for the illegal use of Copyright material.