Independent Schools Victoria Compliance Framework

Day to day operational issues including records management, food safety and privacy.

Copyright

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Do you need to comply?

Yes, under the provisions of the Copyright Act 1968.

Conditions of compliance

The Copyright Act defends peoples’ expressions of ideas and information recorded in certain mediums. The most commonly defended materials protected by copyright are:

• literary works: novels, textbooks, newspaper and magazine articles, journals, poems, song lyrics, technical and instructional manuals, computer software, anthologies, directories, databases
• artistic works: paintings, sculptures, graphics, cartoons, etchings, lithographs, photographs, drawings, plans, maps, diagrams, charts, blueprints, moulds and casts, models of buildings
• musical works: melodies, song music, pop songs, jingles, film scores
• dramatic works: plays, screenplays, mime, choreography
• films: cinematographic films, video recordings, DVDs, television programs, advertisements, music videos
• sound recordings: vinyl, CDs, DVDs, audio cassette tapes, Mp3s
• broadcasts: radio, television, podcasting
• published editions: typesetting (layout and look of the publication)

Under the Copyright Act and when participating in the various copyright agency licences, schools are permitted to reproduce creative works as long as the materials are used for educational purposes, which include:

• material used for teaching
• material with connection to the course, and
• the inclusion of artistic material into the school’s library collection and made available to students for research and study only.

If you have to comply, what do you have to do?

The various copyright agency licences allows a reasonable amount of a literary, dramatic, musical or artistic work to be reproduced without requiring schools to obtain copyright permission. A reasonable amount is:

• a single article from a hard copy or online periodical
• more than one article from a hard copy or online periodical if the articles are on the same subject
• literary works from hard copy or online anthologies not exceeding more than 15 pages, and
• no more than one chapter or 10% of a printed work, such as a hard copy or online novel.

In addition, it is important for schools to display copyright notices near copying equipment to avoid liability for misuse of their equipment where the fair dealing exceptions do not apply.

An entire literary, dramatic, musical or artistic work can be fully reproduced only if:

• the work is not available in hard copy or electronic form within a reasonable time (six months for a text book and 30 days for all other materials), and at an ordinary commercial price
• there is a possibility of the teacher or student obtaining the work in a reasonable time at an ordinary commercial price, and
• the work has not been separately published.
• Note: These exceptions do not apply to reproducing multiple copies for a class.

The Copyright Act contains a number of fair dealing exceptions for schools, which allow copyright material to be reproduced and used without the copyright owner’s permission or participation in a copyright licence agreement. Fair dealing extends to materials used for educational purposes, which can be reproduced in part for:

• research and study: includes exceptions for both teachers and students
• criticism and review: reviewing books, CDs or films for student newspapers or similar publications; note that the author and title of the original work should be adequately acknowledged
• reporting the news: articles submitted to or published in student newspapers, magazines and online publications; note that the author and title of the original work should be adequately acknowledged
• Parody or satire.

Note: Fair dealing does not apply to online material protected by technological protection measures

What are the consequences if you don’t comply?

Non-compliance with the Copyright Act can result in the copyright owner taking legal action against a school to recover damages due to copyright infringement.

Who will help you?

Independent Schools Victoria contact:

Kate Anderson
Executive Support
Ph. 03 9825 7230
kate.anderson@independentschools.vic.edu.au

Independent Schools Victoria documents:

Information on Copyright Licences

Submitted 8/9/2006, edited 03/02/12