Copyright in the classroom a practical guide

E156v01 Copyright in the Classroom: A Practical Guide www.ebook3000.com E156v01 Copyright in the Classroom: A Practical Guide June 2017 ISBN: 978-1-920778-30-9 Author: Nathan Webster © Australian Copyright Council 2017 Cover design: Slade Smith Layout design: ePrintDesign.com.au All legislative material herein is reproduced by permission but does not purport to be the official or authorised version It is subject to Commonwealth of Australia copyright For enquiries about reproduction or other uses of this publication, please contact: Australian Copyright Council PO Box 1986 Strawberry Hills NSW 2012 Australia T: +61 9101 2377 F: +61 9101 2399 E: info@copyright.org.au W: www.copyright.org.au Twitter: @AusCopyright   Facebook: Australian Copyright Council ACN 001 228 780 Australian Copyright Council The Australian Copyright Council is an independent, non-profit organisation Founded in 1968, we represent the peak bodies for professional artists and content creators working in Australia’s creative industries and Australia’s major copyright collecting societies We are advocates for the contribution of creators to Australia’s culture and economy; the importance of copyright for the common good We work to promote understanding of copyright law and its application, lobby for appropriate law reform and foster collaboration between content creators and consumers We provide easily accessible and affordable practical, user-friendly information, legal advice, education and forums on Australian copyright law for content creators and consumers The Australian Copyright Council is an independent, non-profit organisation, partly funded by the Australia Council for the Arts Our mission is to advance the arts and the creative industries in Australia by providing information and advice about copyright The Australian Copyright Council has been assisted by the Australian Government through the Australia Council, its arts funding and advisory body © Australian Copyright Council 2017 Table of contents About this publication 1.1 Who this publication is for 1.2 How this publication is set out 1.3 Information, not legal advice 1.4 Other sources of information 1.5 Sources of copyright law 1.6 New amendments to the Copyright Act 2 Copyright basics 2.1 Introduction 2.2 What is the purpose of copyright? 2.3 What does copyright protect? 2.4 What is not protected by copyright? 2.5 How long does copyright last? 2.6 Who owns copyright? 2.7 Rights of the copyright owner 2.8 When you need permission? 2.9 Moral rights 2.10 Performers’ rights 2.11 Frequently asked questions 10 Free exceptions for educators 3.1 Introduction 11 3.2 Performing and communicating copyright material in class 11 3.3 Copying works and broadcasts for educational purposes 12 3.4 Copying and communicating works and broadcasts to assist people with disabilities 12 3.5 Special case exception 13 3.6 Libraries and archives 13 3.7 Fair dealing 13 3.8 Frequently asked questions 15 Licences for educational institutions 4.1 Introduction 17 4.2 The statutory licence: copying and communicating text, images and notated music 17 4.3 The statutory licence: copying and communicating TV and radio 18 4.4 APRA AMCOS, ARIA and PPCA licences: Performing, copying and recording music 19 4.5 Roadshow PPL Schools Co-curricular Licence: playing films outside of class 22 4.6 Frequently asked questions 22 Australian Copyright Council: Copyright in the Classroom > June 2017 www.ebook3000.com iii Copyright in the modern classroom 5.1 Introduction 24 5.2 Apps and interactive games 24 5.3 Learning management systems: cloud computing, open source platforms and websites 25 5.4 Tablets, laptops and desktop computers 25 5.5 Student and staff presentations: PowerPoint, Prezi and Keynote 26 5.6 Streaming Netflix, Spotify, YouTube and podcasts in class 27 5.7 Distance education and MOOCs 28 5.8 Using social media: Facebook, Twitter, Snapchat and Instagram 28 5.9 3D printing 29 5.10 Frequently asked questions 30 Pre-licensed and open education resources 6.1 Introduction 32 6.2 Pre-licensed material 32 6.3 Open education resources 32 6.4 Government material 32 6.5 Creative Commons licences 32 6.6 Frequently asked questions 33 Appendix A Notices on or near copying equipment 34 Appendix B Copyright collecting societies 36 iv Australian Copyright Council: Copyright in the Classroom > June 2017 About this publication 1.1 Who this publication is for This guide is for teachers and lecturers working in Australian schools, universities and other educational institutions It provides an overview of the main copyright issues that arise in a classroom setting in Australia 1.2 How this publication is set out We begin by providing an introductory overview of copyright law in Australia We then address issues that are specific to teachers and lecturers in the following parts We set out the suite of special exceptions and licences that are available to teachers and lecturers as well as students, and discuss how these and other issues enable the use of technology in the classroom in certain ways and restrict them in others We cover the use of traditional learning materials, such as books, journal articles, artworks, photos and sheet music, as well as new technologies such as apps, open-source platforms, social media, streaming services, tablets and mobile devices 1.3 Information, not legal advice The information contained in this publication is not legal advice It is provided on the basis that it is to be used for general purposes only If you need to know how the law applies to your situation, please get advice from a lawyer In some cases, a Copyright Council lawyer may be able to assist you with your copyright issue in the first instance – our service is for professional creators and those working in arts and cultural organisations, including educational institutions and libraries Our information sheets may also provide useful guidance 1.4 Other sources of information In addition to this guide, the Copyright Council publishes the following guides for educational institutions: >> Educational Institutions: Using Text & Images >> Sound & Screen in Education: An In-Depth Guide >> Education and Copyright Compliance: A Toolkit The council also publishes information sheets and other detailed guides, and runs an annual training program on a large range of copyright issues See www.copyright.org.au Universities Australia Teachers and lecturers working in universities can get assistance from Universities Australia They publish contact details for university copyright officers in addition to copyright and policy information See www.universitiesaustralia.edu.au National Copyright Unit Teachers in schools and TAFEs can contact the Copyright Advisory Group (CAG), supported by the National Copyright Unit (NCU), for information and advice NCU, through CAG, represents all government schools and most Catholic and independent schools as well as all TAFEs (excluding Victorian TAFEs) See smartcopying.edu.au Copyright collecting societies There is useful information on the websites of Copyright Agency (www.copyright.com.au), Screenrights (www.screenrights.org) and APRA AMCOS (apraamcos.com.au) about the education licences they manage Australian Copyright Council: Copyright in the Classroom > June 2017 www.ebook3000.com 1.5 Sources of copyright law Copyright law in Australia is made up of the Copyright Act 1968 (Cth) (the Copyright Act) and decisions of courts that have applied and interpreted it While there are some similarities between Australia’s copyright law and copyright regimes in other countries, there are also significant differences In this book, our primary focus is on Australian copyright law 1.6 New amendments to the Copyright Act There are new amendments to the Copyright Act that affect educational institutions and libraries The Copyright Amendment (Disability Access and Other Measures) Bill 2017 was passed on 15 June 2017 The amendments streamline the current educational statutory licence provisions, and make it easier for educational institutions and copyright collecting societies to agree on licensing agreements They provide simple, clear rules for libraries, archives and key cultural institutions to make preservation copies of copyright material They also simplify the exceptions for libraries and update the provisions that enable accessible-format versions for people with disabilities Australian Copyright Council: Copyright in the Classroom > June 2017 Copyright basics 2.1 Introduction While it may not be something we often think about, copyright plays an important role in education From the invention of the printing press to new technologies, copyright is at the heart of the relationship between the creation and dissemination of educational materials 2.2 What is the purpose of copyright? Copyright encourages the creation and dissemination of cultural goods by rewarding the intellectual skill and effort of the author of the material The law does this by setting out who owns copyright and granting them exclusive rights to control the use of their material To balance the need to protect the legitimate interests of copyright owners with the needs of the public to gain access to their work, the law outlines situations where copyright material can be used without permission These provisions can take the form of sector-specific statutory licences – for example, the statutory licences for educational institutions and government – or free exceptions that address specific public policy purposes 2.3 What does copyright protect? The law sets out eight categories of copyright-protected materials These are split into two broad categories: “works” – traditional forms of creative expression, such as literature, music and artworks – and “subject matter other than works”, which is material that typically builds upon “works”, such as films, recorded music and television broadcasts Works The following are “works” protected by copyright: >> text, such as textbooks, e-books, blog posts, song lyrics, poems and other written works, such as journals, articles, reports, diaries, letters and emails (“literary works”); >> compilations, including tables of information, databases, catalogues and registers (also in the category of “literary works”); >> computer programs and apps (also in the category of “literary works”); >> screenplays, choreography and scripts (“dramatic works”); >> music and musical compositions (“musical works”); >> paintings, drawings, sculptures, cartoons, photographs, logos, charts, diagrams, plans and maps (“artistic works”);1 >> works of artistic craftsmanship, such as pottery, tapestry, textiles, basketwork, jewellery, fashion accessories, medals and costumes (also in the category of “artistic works”); and >> buildings, models of buildings and architectural plans (also in the category of “artistic works”) Subject matter other than works The following are “subject matter other than works” that are protected by copyright: >> the images and sounds in a film (“cinematograph films”) are protected separately from copyright in underlying works such as a screenplay or music; >> sounds recorded as an audio file (such as WAV, AIFF, FLAC or MP3) or on vinyl (“sound recordings”) are protected separately from copyright in the music or other works recorded; >> broadcasts of television and radio programs are protected separately from copyright in films, music and other material which is transmitted; and >> “published editions” (the typographical arrangement of the whole of a published text) are protected separately from copyright in any works included in the published edition There is no requirement of artistic quality for an “artistic work” to be protected by copyright Australian Copyright Council: Copyright in the Classroom > June 2017 www.ebook3000.com A single item may contain multiple copyright materials It is common for a single item to contain several types of copyright-protected material, particularly when dealing with material that falls into the category of “subject matter other than works”, such as films and sound recordings For example, in the case of sound recordings, there may be underlying works, such as lyrics and music scores Requirements for protection Something will be protected by copyright if it meets the following requirements: >> it falls into one of the eight categories of copyright-protected material; >> it is sufficiently “original”; >> it is in a “material form”; and >> it has a sufficient connection to Australia The concept of “originality” has less to with creativity and more with showing that there was sufficient skill and human effort involved in creating the material This is a relatively low threshold; the courts have said that something will be generally considered to be “original” if it is more than a mere copy of something else 2.4 What is not protected by copyright? Copyright does not protect every creative endeavour In some situations, the material may be too insubstantial or lack the requisite “originality” to meet the requirements for protection In some situations, other laws may apply instead of copyright, such as privacy, defamation, trade marks, design law, patents, contract law, and competition and consumer laws Names, titles and slogans Very small combinations of words, such as names, titles and slogans, are unlikely to be substantial enough to be a “literary work” capable of copyright protection Other laws may be relevant For example, a music class in your institution wants to participate in the annual battle of the bands under the name “School of Rock”, a reference to a 2003 film of the same title starring Jack Black This will not be an infringement of copyright Ideas and information Ideas and information are not protected by copyright Rather, it is the material way in which these things are expressed that is protected For example, a history lecturer in your institution can freely use facts, such as dates and times of historical events, without infringing copyright While the facts themselves are information and are not protected by copyright, the wording and structure of a description that provides an account of events that took place will be protected Styles, methods and techniques Styles, methods and techniques are not protected by copyright Rather, it is the material form in which these things are expressed that is protected For example, in the case of recipes, information about the ingredients, method of preparation and cooking techniques is not protected by copyright However, the written expression of a recipe will be protected Functional items The Copyright Act contains provisions that are often referred to as the “copyright/design overlap provisions” These are intended to prevent dual protection under designs and copyright law for things that should only be protected under the Designs Act 2003 (the Designs Act) Where something is, or could be, registered as a design, and is applied “industrially”, a right holder’s ability to rely on copyright protection is very limited Australian Copyright Council: Copyright in the Classroom > June 2017 2.5 How long does copyright last? In Australia, the general rule for “works” is that copyright lasts for the life of the author plus 70 years For “subject matter other than works”, the term of protection is in relation to the year the material was made or first published Once the relevant period has elapsed, copyright cannot be revived, either by republication or by any other procedure The term of copyright protection was extended in 2005 as a result of the Australia–US Free Trade Agreement Before 2005, copyright generally lasted for the life of the author plus 50 years, or 50 years from the year of publication However, if copyright had expired prior to 1 January 2005, it was not revived under the new rules Due to these changes, two important exceptions arise in relation to “works”: If the author died prior to 1955, copyright has expired; and Copyright in all photographs taken prior to 1955 has expired We have further information about the term of protection for each category of copyright material in our information sheet Duration of Copyright 2.6 Who owns copyright? Generally, the creator is the first copyright owner However, if there is no written agreement, or if an agreement does not state who owns copyright, then there are rules in the Copyright Act that will determine ownership Joint authorship Where two or more people create a work together, and the contribution of each is not separate from the contribution of the other(s), they will be “joint authors” of the work These authors own copyright separately from each other This means that if you are creating material in collaboration with someone else, such as an academic paper, or seeking permission to use a work of joint authorship, you will typically need permission from each copyright owner to use this material Employees If the creator was an employee, and created the material as part of his or her job, the employer is the first owner of copyright This rule does not apply to freelancers, volunteers or people commissioned or contracted to produce copyright material This means that if you are employed as a staff member at an educational institution, the institution will own copyright in the material you create in your employment It is likely that this will also be reflected in the terms of your employment contract Volunteers Volunteers aren’t “employees” and will therefore own copyright in any work they create, unless they have entered into an agreement that provides otherwise As such, if you have any volunteers creating work for your educational institution and it is desirable for your institution to own copyright, it is important to ensure that any agreement you have with the volunteer sets out that your institution owns copyright in any work created during their volunteering Government If the material was created or first published under the “direction or control” of a State, Territory or Commonwealth government, the government is the first copyright owner This rule does not apply to local governments or State and Territory public schools This means that if you are creating material for a Commonwealth or State or Territory government, it will be important to have in place an agreement setting out who owns copyright in the work that you are creating for them Films Unless there is an agreement in place, if a person agrees to make a film (including a video or DVD) in return for payment (or some other benefit), the person who pays generally owns the copyright Otherwise, the first owner of copyright is the person or company that made the arrangements for the making of the film Australian Copyright Council: Copyright in the Classroom > June 2017 www.ebook3000.com Sound recordings Performers have part ownership of copyright in sound recordings of their live performances In the absence of an agreement to the contrary, the first owners of copyright in a sound recording of a live performance are the performer(s) and the person who owns the recording medium (the master, for example) This rule applies to sound recordings protected by copyright on or after January 2005 Commissioned work Generally, where a person is commissioned to create copyright material, in the absence of an agreement to the contrary that person (and not the commissioning party) will own copyright in the commissioned material However, there are some exceptions Unless there is an agreement to the contrary, someone who commissions another person to any of the following will generally own copyright: >> take a photograph for a “private or domestic purpose” (such as a family or wedding photograph); >> paint or draw a portrait; or >> make an engraving However, if the person who commissioned the work made known at the time of commissioning the way they intended to use the work, the person who took the photograph or created the portrait or engraving may be able to restrain the copyright owner from using the work in any other ways Subsequent owners of copyright The rules set out above determine who is the first copyright owner if there is no agreement at the time to the contrary Copyright can subsequently be transferred or sold (“assigned”), inherited or licensed, so the first copyright owner may no longer be the person holding the rights you want to use 2.7 Rights of the copyright owner Under the Copyright Act, the copyright owner is granted exclusive rights to control certain uses of their work It is important to identify what type of copyright material you are dealing with, as the rights involved with each can be slightly different Works In relation to literary, dramatic, musical and artistic works, the owner of copyright has the exclusive right to: >> reproduce the work; >> publish the work; and >> digitally communicate the work to the public In addition, for literary, dramatic and musical works (but not artistic works), the owner of copyright has the exclusive right to: >> perform the work in public; and >> make an adaptation of the work Subject matter other than works For sound recordings and films, the owner of copyright has the exclusive right to: >> make a copy of the sound recording or film; >> play the sound recording or screen the film in public; and >> communicate the sound recording or film to the public For television and radio broadcasts, the owner of copyright has the exclusive right to: >> make a film or sound recording of the broadcast; and >> re-broadcast it or communicate it to the public Rental right Owners of copyright in computer programs, sound recordings, and works on sound recordings also have the exclusive right to rent articles such as CDs which contain this material This right does not apply to other material (such as books, videos and DVDs) Australian Copyright Council: Copyright in the Classroom > June 2017 4.5 Roadshow PPL Schools Co-curricular Licence: playing films outside of class Permission is generally needed to screen a film in any non-domestic, non-educational setting, including, for example, at a film night or fundraiser Permission may be needed even if a fee is not charged for viewing the film or video Roadshow Schools Co-curricular Licence The schools sector has negotiated a blanket licence with Roadshow PPL under which eligible schools can play films to students for non-educational purposes, such as rainy-day lunchtimes, excursions, school camps and after-school and holiday care programs operated by the school This is known as the “Co-curricular Licence” The Co-curricular Licence is optional, which means that it does not automatically apply to all schools State and territory schools and Catholic Education Office schools can check with their administering department or body to see if they are covered by a Co-curricular Licence For all other schools, you will need to confirm with your peak organisation whether your school has signed up for the licence Under the Co-curricular Licence, eligible schools can screen films for certain non-educational purposes, such as rainy-day lunchtime screenings, excursions and school camps (provided the video or DVD is provided by the school) The licence also applies to after-school and holiday care programs operated by a school (but not by third parties) However, the licence does not cover school fundraising events or screenings to which the public is invited You can find more information about the licence on Roadshow PPL’s website (roadshowppl.com.au) If the Co-curricular Licence doesn’t apply If your educational institution is not covered by the Co-curricular Licence, or your proposed use falls outside of the type of screening the licence allows, your institution should sign up to the licence or seek permission from the non-theatrical distributor to screen a film, video or DVD other than as part of class teaching The two major non-theatrical film distributors are Roadshow PPL and Amalgamated Movies Roadshow PPL handles most commercially and independently produced films, including films from Warner, Paramount, Universal and 20th Century Fox Amalgamated Movies handles the rights for Columbia/Tri-Star, Sony and Madman Entertainment You may also need a licence for the music on the film if the venue you are using is not already covered by a music public performance licence For more information, see our information sheet Films, DVDs, Videos: Screening in Class 4.6 Frequently asked questions When don’t you need to apply the statutory licence? You may always reproduce all or part of something if you have permission from the copyright owner If there is an applicable exception to copyright that covers your use, you can reproduce the material up to the relevant limits without permission from the copyright owner Otherwise, you can also reproduce all or part of something in which copyright has expired, where the material is openly licensed (for example, Creative Commons licensed), or where your institution owns the copyright In these cases, you not have to refer to the Copyright Act or the statutory licences Can we sell copies of course material made under the statutory licence? Your education institution can sell copies of material made under the statutory licence; however, it must be for cost-recovery purposes only Selling the material for profit-making purposes is not covered by these licences It is also important to keep in mind that you may only supply the copies to those who are covered by a remuneration notice with the relevant collecting society Practically speaking, this is likely to be limited to staff and students currently enrolled at the educational institution and other educational institutions covered by an appropriate remuneration notice 22 Australian Copyright Council: Copyright in the Classroom > June 2017 Can we upload material we have copied under the educational licences to our learning management system? In general, you can upload material copied under your educational institution’s licences on your institution’s learning management system or shared drive, so long as the relevant limits are adhered to When communicating copies on the learning management system or shared drive, you may also need to apply a copyright notice to the copies There are different notices depending on what type of copyright material you are using Reasonable steps must also be taken to ensure that only teachers and students have access to the material Practically speaking, this means adopting measures such as passwords and secure websites Can we use sound recordings in PowerPoint presentations? Educational institutions covered by the APRA AMCOS ARIA Schools’ Music Recordings and Access Licence or the APRA AMCOS and ARIA PPCA Universities’ Agreement may copy sound recordings for “educational purposes” This will cover uses in connection with the educational activities of the educational institutions This covers quite a broad range of activities, including the use of sound recordings in electronic presentations, for example, in a PowerPoint presentation The presentations can be uploaded to a learning management system or shared drive but cannot be uploaded to the internet without further licensing What we need to to screen a film for non-educational purposes? If you want to screen a film outside of class or in a way not covered by the Schools Co-curricular Licence – for example, if your educational institution wants to host a film screening to raise funds for charity – you will need permission from the relevant copyright owners Generally, you can get permission by obtaining a nontheatrical version of the film from an authorised distributor The two major non-theatrical film distributors are Roadshow PPL (roadshowppl.com.au) and Amalgamated Movies (www.amalgamatedmovies.com) Roadshow PPL handles most commercially and independently produced films, including films from Warner, Paramount, Universal and 20th Century Fox Amalgamated Movies handles the rights for Columbia/Tri-Star, Sony and Madman Entertainment In addition to permission for the public screening of the film itself, your educational institution will require additional licensing for the public performance of the film soundtrack This requires a “public performance” licence, which can be obtained from APRA Australian Copyright Council: Copyright in the Classroom > June 2017 www.ebook3000.com 23 Copyright in the modern classroom 5.1 Introduction The adoption of new technologies in the classroom is continually changing the way that we deliver content and engage with students It offers new opportunities for students to interact with educational materials and to personalise those experiences to maximise learning outcomes New technologies also challenge our understanding of copyright by requiring us to apply the law to these new ways to use material In this chapter, we look at how copyright and other laws apply to new technologies in the classroom We identify some of the legal risks involved and suggest practical ways to avoid them 5.2 Apps and interactive games Apps and interactive games are important educational tools in the modern classroom Unlike films and music, apps and games not have their own special category of copyright protection However, the underlying software will be protected, as will other components, such as text, images, music and audio-visual content Apps and interactive games are typically protected by copyright in the following ways: >> the software will be protected by copyright as a computer program, which is a type of “literary work”; >> the textual components will be protected as literary works; >> the visual elements may be protected as artistic works; >> the sound elements will be protected as sound recordings and musical works; and >> moving images in games can be protected as cinematograph films While the use of an app or interactive game by your institution in and of itself is unlikely to be a copyright issue, it’s important to be aware of the licences that govern the use of this material and the Digital Rights Management (DRM) mechanisms that they employ Licences for apps and interactive games The way that you and your institution can use apps and interactive games will largely be determined by the scope of the licence granted to you by the copyright owner This will typically be set out in the terms of service Apps and interactive games typically involve “click-wrap” licences, which require users to check a box on screen to indicate their acceptance of the licence The terms of the licence are either displayed adjacent to the check box or via a hyperlink This typically happens as a precondition to the purchase, download or installation of an app For apps purchased through shop sites, such as Apple’s App Store, Google Play for Android, and Microsoft Store for Windows, each store has different licence terms, and these can typically be accessed through the app store or on the app developer’s website In some cases, you may have already agreed to the licence when setting up your device or when you first set up your account with the app store It is important to note that even where an app or interactive game is free to download, you are still likely to have agreed to the licence terms and conditions before being able to access the material The terms should set out important information about the scope of the licence, such as how many people may use it at the same time and the number of devices it can be installed on You should also check what it allows you to and how closely it matches what you want to use it for In most cases, educational institutions will want more than one copy of an app or interactive game Where multi-user licences are not available, your institution will generally have to purchase or download the number of copies you need, or require your students to purchase or download their own copy 24 Australian Copyright Council: Copyright in the Classroom > June 2017 Digital Rights Management (DRM) Most apps and interactive games are protected by DRM mechanisms These are typically enforceable under the licence agreement Some common forms of DRM include: >> limited installation – where a copy of an app or interactive game can only be installed on a limited number of devices; >> encryption keys – where a user-specific code is provided with the app or game which must be authenticated on installation; >> online authentication – where to use the app or game, it must be connected to a server; >> software tampering – where functionality is limited on unauthorised copies; and >> hardware-based DRM – which uses components of the device or computer (for example, the serial number) to create a unique signature for authorisation and activation 5.3 Learning management systems: cloud computing, open source platforms and websites Cloud computing, open source platforms and websites have transformed the way that we create, store, manage and share text, images, music, and audio-visual material The way that your organisation can use these learning management systems will, for the most part, depend on the licences you have in place to use copyright material, and whether the system is “closed” or “open” The legal principles involved are likely to be the same, whether your institution has: a custom-built learning management system or shared drive; a commercial learning management system such as ClickView, Blackboard, or Moodle; file-hosting services such as Dropbox, Google Drive, Apple iCloud and Microsoft OneDrive; or a combination of the above Educational institutions can copy and communicate copyright material up to certain limits under the statutory licence and voluntary licences with the music industry collecting societies We set out what types of copyright material can be communicated, the limitations on how much can be copied under these licences, and the marking requirements in Chapter When exercising rights in copyright material, it’s important to be mindful of the author’s moral rights in their works; notably, the right of attribution, which requires that you identify the name of the author in a clear and prominent manner To communicate copyright material on a learning management system or shared drive, educational institutions must take “reasonable steps” to ensure that only teachers and students have access to the material Practically speaking, this means adopting measures such as passwords and secure websites This means that the statutory licence will only apply where you are communicating material on a “closed” system with restricted access Where you are seeking to communicate material on an “open” website, where access is available to the public, you may need to be able to rely on an exception to copyright or to obtain additional licences from the copyright owner Alternatively, you might use copyright material covered by an appropriate open access licence, such as Creative Commons licensed material (see Chapter 6) Where you are using material under a licence from the copyright owner, it’s important to ensure it is suitable for your needs For example, use on a website will require a “world-wide” licence, unless you can put geo-blocking measures in place You should also check the terms of the licence to familiarise yourself with any restrictions on use, as breaching the terms of the licence may not only breach contract but may infringe copyright as well 5.4 Tablets, laptops and desktop computers The increasing convergence of technologies across devices now means that activities such as listening to music, watching TV or a movie, reading a book, and sending an email can be all done on one or more synchronised devices at the same time While the use of tablets, laptops and smartboards is not, in and of itself, likely to raise a copyright issue, it’s important to be aware of the ways to avoid risk if these devices are being used, whether deliberately or not, to infringe copyright Australian Copyright Council: Copyright in the Classroom > June 2017 www.ebook3000.com 25 Providing students with mobile devices We are aware that some organisations have decided to ask students to whom they are lending devices such as laptops and tablets to sign agreements that deal not only with issues such as what happens if the student loses the item, but that also contain clauses that state that the student will not use the device to infringe copyright While such agreements are not demanded by the Copyright Act, they may be a good idea If a copyright owner complains that a student has used a device you’ve provided to infringe his or her copyright, you can use the clause as a means of distancing your organisation from an accusation that you authorised the infringement by providing the equipment Staff and student use of institution networks The Copyright Act contains a provision that limits an educational institution’s risk of liability for copyright infringement that may occur with computer network facilities that they provide to staff and students However, there are four elements that must be met before the educational institution can rely on the provision: >> the computer system must be operated by the educational institution; >> the system must be primarily to enable staff and students to gain online access to material for educational purposes; >> the system automatically makes temporary electronic copies of copyright material made available online and accessed by users through the system; and >> temporary copies made automatically by the system are made merely to facilitate efficient access to online material by people using the system Ways to manage your institution’s risk of liability There are some minimum steps you should consider taking to reduce your organisation’s risk of liability for the copyright infringements of staff and students These are: >> ensure there are “copyright warning notices” (see Appendix A) on or near equipment that you are providing, such as desktop computers, laptops and tablets; >> where you are providing wireless access to the internet on your premises (for example, for students to access using laptops and tablets), ensure that students have to agree to terms and conditions before they are granted access; >> where you are providing access to your organisation’s facilities, ensure that terms and conditions include a warranty (backed up by an appropriate indemnity) to the effect that students won’t use the facilities you provide to infringe copyright; >> periodically clear the memory of any devices or facilities you provide; >> as part of your use and access policies, ensure that you reserve the ability to disable or discontinue access by people who repeatedly infringe copyright; and >> set out organisational procedures to follow in the event that a copyright owner complains about the use being made of facilities you have provided 5.5 Student and staff presentations: PowerPoint, Prezi and Keynote Presentations play a key role in the delivery of educational content to students Popular presentation apps include Microsoft’s PowerPoint and Apple’s Keynote, along with online presentation software Prezi and various free, open-source alternatives The copyright issues that arise, and the best way to approach them, vary depending on who is using the app, and how it’s being used Students using copyright material in presentations In most cases, students can rely on the fair dealing exceptions for “research or study” to use third-party material if they are creating a presentation for class or as part of their coursework When communicating copyright material, such as uploading a presentation to a learning management system or shared drive or emailing a presentation to a teacher or lecturer, there may be additional issues to consider 26 Australian Copyright Council: Copyright in the Classroom > June 2017 If a student’s presentation is going to be copied into the system for purposes other than these, an assessment will need to be made as to: >> whether a “substantial part” of any third-party material has been used; and, if so, >> whether that material will need to be removed or whether the amount that is used, or the context in which it is being used, might be covered by any of the free exceptions or under the statutory licence Staff preparing presentations for class Depending on the licences held by the organisation, teachers and lecturers can use a range of copyright material in their presentations, so long as they abide by the limits and procedures we outline in Chapter If these limits and procedures are followed, including relevant notices, and the author’s moral rights are adhered to, there should be no additional issues to address when using third-party material in a presentation 5.6 Streaming Netflix, Spotify, YouTube and podcasts in class In some situations, educational institutions can rely on an exception that allows them to stream television, films, sound recordings and other content in class for educational purposes without needing any further permission if certain conditions are met See Part 3.2 In other situations, educational institutions that are covered by the statutory licence may copy and communicate material that was broadcast on free-to-air TV or radio and then made available online by the Australian broadcasters In some situations, streaming, downloading or otherwise using copyright material will be subject to terms and conditions that may limit your ability to rely on an exception or licence We note that National Copyright Unit (NCU) advises differently on this issue, and state that whether terms of use override the provisions in the Copyright Act is a grey area NCU encourages teachers working in schools and TAFEs to contact their local Copyright Advisory Group (CAG) representative See www.smartcopying.edu.au Streaming films, TV and music Owners of copyright have exclusive rights to certain things with their material These rights include copying material, and showing or playing material such as films, TV and music “in public” Teachers and lecturers can rely on the exception in the Copyright Act that deems a performance or communication of copyright material in class to be not “in public” and not to require permission if: >> it is in the course of educational instruction which is not given for profit; and >> all the people in the audience are giving or receiving instruction, or are directly connected with the place where the instruction is given While using streaming services for educational purposes in class may be covered by this exception to copyright, your use of this material is likely to be limited by the licence terms of service, which restrict use of this content to personal non-commercial use only We note that the licence terms of service for Netflix, Stan and Spotify all provide similar clauses These terms of use typically mean that a user can access and stream media on their own personal device, or at home with friends or family Streaming media from such platforms in public, or in a classroom, is not covered by the terms of use, and doing so risks exposing the user and the educational institution to liability for breach of the contractual terms and conditions they agreed to when subscribing to the service The question of whether streaming providers would take the effort to act on a breach of their terms and conditions is separate to the legal question of whether your actions expose you to liability, and any legal action will be at the discretion of the rights holder or service provider Where a breach of the contractual terms and conditions takes place, the most likely consequence is that the individual teacher or lecturer risks their Netflix account being suspended or cancelled Streaming YouTube videos in class You can stream YouTube videos in class under the exception for the performance or communication of copyright material in class for educational purposes, subject to the requirements set out above We discuss this exception further in Part 3.2 Australian Copyright Council: Copyright in the Classroom > June 2017 www.ebook3000.com 27 Streaming podcasts Podcasts are typically made available through online platforms such as iTunes or Google Play If you want to download or use material through these platforms, it’s a good idea to check the type of licence under which the podcast creator has released the material In some situations, these platforms provide links to the website of the podcast creator – this is the place to go if you need to clarify issues about the licence or if you want to contact the podcast creator directly for further permissions If the podcast is available directly from a website, check that website’s terms and conditions If you see material that is released under a Creative Commons licence, you will be able to use it in accordance with the licence without needing any further permission – see Part 6.5 In some situations, websites state that material can be freely used for educational purposes 5.7 Distance education and MOOCs For students who participate in class remotely, either by distance or those participating in a Massive Open Online Course (MOOC), the use of third party copyright material will involve the use of all three of the exclusive rights of the copyright owner: any material that a lecturer or teacher uploads for a student will involve the communication of material; the student downloading that material will involve reproduction; and material streamed online to a student’s computer will involve a public performance In most cases, these acts can be covered by the existing licences and exceptions Distance students in Australia In most cases, material that is copied in accordance with the requirements under the statutory licence and voluntary licences with the music industry collecting societies can be communicated digitally to distance students off-campus, if it is for an educational purpose This may be done by email, or by uploading material to a learning management system or shared drive for a student to access later You will need to ensure that marking requirements and moral rights are complied with, and should ensure that access to any online storage system is restricted via login and password only to enrolled students It is possible to live-stream material to distance students in real time under the exception that allows for teachers or lecturers to perform and communicate copyright material in class (see Part 3.2) A “class” for the purposes of this exception is defined by the students taking part in the instruction, not the physical classroom In this sense, a teacher or lecturer who plays a film in class which is watched both by students physically seated in the classroom and by off-campus students logging into a live-stream, or to a class that is delivered entirely online to distance students seated at their personal computers at home, can so without infringing copyright in that film Again, staff providing such live distance instruction should ensure that access to the live-stream is restricted via login to authorised students Students based overseas The statutory licence and the voluntary licences with the music industry collecting societies are unlikely to apply for use in MOOCs where students will be primarily accessing and dealing with the copyright material in other countries While the institution may be able to deal with copyright material it owns in this way, it will need to ensure that it obtains appropriate worldwide licences to copy and communicate third-party material to students overseas Otherwise, the educational institution might decide to use open education resources or material subject to an appropriately broad licence, such as Creative Commons material We discuss this in further detail in Chapter 5.8 Using social media: Facebook, Twitter, Snapchat and Instagram Social media is increasingly becoming a popular way for students to interact with one another both inside and outside educational institutions This often involves the creation and sharing of user-generated content, which is content on a website created by that website’s users or visitors Common examples of user-generated content include photos, videos, posts, comments and private messages It’s important to be aware that the use of your copyright material and that of other users will be determined by the social media platform’s terms of service 28 Australian Copyright Council: Copyright in the Classroom > June 2017 Uploading content to social media Social media platforms are driven by the content contributed by users In general, these platforms require broad licensing from users to function; for example, they often require these rights to store content on servers throughout the world and need to be able to shift data around for backup and maintenance purposes Material that is uploaded by users may also need to be reformatted for mobile devices, and the platforms’ licences typically allow for such things as sharing and embedding capabilities It wouldn’t be possible to run these platforms properly if the user’s permission was needed every time their content was copied or shared on the platform However, you should carefully read the terms and conditions of the website, particularly the sections on copyright, to see how your material may be treated by the website Sharing content on social media Many online platforms incorporate capabilities for sharing content Twitter, for example, has a “retweet” function that allows users to have other users’ tweets appear on their feeds, and Facebook allows users to “share” posts Users signing up to the service agree to their tweets being retweeted or their posts being shared – this is part of the terms and conditions of those platforms Agreeing to this means that using this functionality on a social media platform is less likely to raise copyright issues In some cases, tweets, comments and status updates may not be substantial enough or sufficiently original to be protected by copyright We discuss this further in Part 2.4 Linking and embedding third-party material on social media Linking raises some interesting legal issues In general, an HTML link is not protected by copyright This is because it is not sufficiently original for copyright protection Therefore, the reproduction of HTML links is unlikely to raise a copyright issue Otherwise, it is unlikely that a person who uses an HTML link is making a communication of any content from the third-party site they link to To make a communication, a person must have been responsible for determining the content of the communication Merely taking steps to provide access to freely available material online is not enough Similarly, merely activating an HTML link is unlikely to be an issue While it might be argued that by activating a link a person is causing a temporary reproduction of the material to be stored in their computer, there are specific provisions in the Copyright Act which state that such temporary reproductions are not an infringement provided the content is not infringing content Embedding should be avoided unless the platform hosting the material specifically permits this Many sites that encourage users to upload photo content, such Flickr and Instagram, also give the people uploading content an option to permit other users to embed it If embedding has been enabled, this is the same as a licence from the copyright owner It is important to monitor your site to be sure that only legitimate content is being embedded and that no infringing content has slipped through to your site A common sense approach should be adopted when working out whether content on a site may be infringing 5.9 3D printing It is increasingly common to see 3D printers in educational institutions 3D printers work by layering crosssectional slices of a design to build up a 3D object Designs for 3D printing are commonly made in one of two ways: they can be generated using 3D modelling software such as Computer Aided Design (CAD) or by scanning a physical object using a 3D scanner Some common examples of items that may be made using 3D printing include: >> medical devices and prosthetics; >> engine parts; >> musical instruments; >> food; >> clothing and fashion accessories; >> architectural models; and >> prototypes for industrial designs Australian Copyright Council: Copyright in the Classroom > June 2017 www.ebook3000.com 29 When will the use of 3D printers be a copyright issue? In some situations, original 3D print designs will be protected by copyright as “artistic works” In other situations, 3D printing may involve exercising the rights of the copyright owner in third-party copyright material In relation to “works”, the copyright owner has the exclusive right to: >> reproduce the work in a material form; >> publish the work; and >> communicate the work to the public Making 3D prints and activities such as 3D scanning involve making a reproduction Publishing a CAD design on the internet for the first time will involve publication and a communication, as will electronically transmitting material by email, for example What are the implications for educational institutions? The statutory licence allows any form of reproduction, so can allow reproductions associated with 3D printing, provided they are for “educational purposes” A 3D reproduction by a student in connection with a course is also likely to be covered by the fair dealing exception for research or study This could include, for example, a reproduction of a famous building A licence may be needed, however, if the reproduction is later used for another purpose If you want to use 3D print designs from the internet, you should check to see if anything on the website sets out the terms of use (often found on the “Copyright” tab) and consider whether this covers your needs Similarly, if you want to use copyright “works” or designs acquired under licence, you should check the terms of use For further guidance on the use of 3D printers and designs, see our information sheet 3D Printing & Copyright 5.10 Frequently asked questions How can I find out if an app is suitable for my institution’s needs? For educational institutions to install commercial software on a range of devices they will typically need to obtain a multi-user licence for education In the first instance, you should check the relevant terms and conditions Each app provider has different licence terms If you are purchasing apps for mobile devices, check the app store from which you are purchasing the apps There is often a link back to the app developer or distributor’s website where the terms can be found If the terms not cover your intended use, you can contact the app developer or distributor to see if they can offer your educational institution a suitable licence If the app developer or distributor does not sell the content under appropriate multiple-user licences, you or your students will need to buy the number of individual copies required Can we stream Netflix in class? Educational institutions can rely on the statutory licence that permits the copying and communication of broadcast material in class, and the exception that permits the performance of film and video material in class However, where you have signed up to access streamed content by agreeing to terms of use, those contractual terms and conditions will affect your ability to rely on the exceptions in the Copyright Act Streaming media from such platforms in public, or in a classroom, is not covered by the terms of use, and doing so risks exposing the user and the educational institution to liability for breach of contract Whether Netflix would act on a breach of their terms of use is separate to the legal question of whether your actions expose you to liability, and any legal action will be at Netflix’s discretion Where a breach of the contract takes place, the most likely consequence is that the individual Netflix account will be suspended or cancelled We note that NCU advises differently on this issue, and states that whether terms of use override the provisions in the Copyright Act is a grey area NCU encourages teachers working in schools and TAFEs to contact their local CAG representative See www.smartcopying.edu.au 30 Australian Copyright Council: Copyright in the Classroom > June 2017 Can a student make a 3D print model of a famous building? 3D printing will often involve exercising intellectual property rights To exercise someone else’s intellectual property rights, you will typically require permission from the intellectual property rights owner, unless an exception applies In the case of a building, making a model will be a reproduction of copyright in the underlying building plans, which are protected as “artistic works” Having said this, students can rely on several exceptions that enable them to copy and adapt works for assessment purposes or to use copyright material for certain purposes under the fair dealing exceptions, such as research or study and criticism or review See Part 3.7 For an assessment task on digital advertising, can I ask students to create wikis featuring recorded music, images and text? If access is restricted to relevant people (for example, by password protection), you may be able to place material on a wiki under the statutory licence and voluntary licences with the music industry collecting societies in the same way you would be able to so with your learning management system or shared drive, subject to the relevant limits: see Part 5.3 Under the statutory licence, you can upload a copy of a legitimately purchased sound recording, or 10% or one chapter of a published book or a digital image: see Part 4.2 Where students are sourcing third party material, they may be able to rely on the fair dealing exceptions, for example, the fair dealing exception for criticism or review: see Part 3.7 Lessons are filmed and the recordings uploaded to your organisation’s learning management system or shared drive for your distance students Can you use a song from iTunes or material from SBS on Demand in your slides for class? Schools, universities and other educational institutions covered by voluntary licences with the music industry collecting societies can reproduce, communicate and perform recorded music purchased from legitimate sources for educational purposes This covers activities in connection with the educational activities of the institution, and allows for the use of recorded music in presentations, and for recordings to be uploaded to the learning management system or shared drive Similarly, educational institutions covered by the statutory licence can film a lecture that includes broadcast content and make that recording available to students If your organisation does not have a licence, you might instead provide the details of the song or broadcast content for the student to listen to on their own, for example, on their personal music streaming account or via the broadcaster’s catch-up service Students often bring mobile devices into class and take photos of presentation slides Can they this? Under the fair dealing exception for research or study, a student can use copyright material for private research or study This can include such things as taking photos of copyright material contained on slides or in educational resources such as textbooks or class handouts, if the use is “fair” and it is genuinely for the purposes of research or study and not for other purposes The Copyright Act deems certain amounts to be “fair” for the purposes of research or study In other cases, there are factors to be considered when determining if a use is “fair” We discuss this further in Part 3.7 Australian Copyright Council: Copyright in the Classroom > June 2017 www.ebook3000.com 31 Pre-licensed and open education resources 6.1 Introduction In Chapters and we discussed the suite of exceptions and remunerated licences that enable educational institutions to use copyright material without permission for educational purposes In this part, we discuss the use of pre-licensed material and open education licences, such as Creative Commons (CC) licences, that allow educational institutions and others to use copyright material for free, subject to the terms of use 6.2 Pre-licensed material Material sourced from the internet, such as software and images, will commonly come with a licence that sets out the terms of use In some situations, material on the internet is pre-licensed, meaning that the copyright owner has set out standard terms setting out how third parties can use their material It is important to keep in mind that even where the use of this material is free, it will be subject to the applicable terms of use By way of example, if you want to use educational resources on a website, you should check to see if anything on the website sets out the terms of use (often found on the “copyright” tab) and consider whether this covers your needs If you are uncertain about whether your use is covered by the terms of use, or if it falls outside of the terms, you should contact the copyright owner to seek permission 6.3 Open education resources Open education resources are free material that has been made available by the copyright owner or publisher under a broad licence – typically a CC licence – that allows the user to copy and otherwise use that content for educational purposes, if they abide by the licence conditions In some situations institutions – particularly research institutions and universities with scholarly publications – have created their own specific open education licences 6.4 Government material In recent years, the Commonwealth, State and Territory governments have been moving towards making government information and content more accessible to the community, such as through the AusGOAL (Australian Governments Open Access and Licensing Framework) initiative This provides a framework whereby governments adopt the least restrictive licence that is appropriate for the material that is being published AusGOAL endorses CC licences, and particularly supports use of the CC-BY licence (see below) as the preferred licence for releasing publicly funded information This standard has been adopted by Australian government agencies, including education departments offering a range of free educational resources and tools under this type of open access licence, and it is the most commonly used licence for open access resource providers for education We discuss this and other CC licences in greater detail below 6.5 Creative Commons licences Material released online under a CC licence may be copied, uploaded, embedded, posted and hosted without permission and without payment of a licence fee provided the person who created the material is attributed and the use is within the conditions of the licence The copyright owner generally uses any combination of the following four standard conditions for their CC licence: >> Attribution (BY) – this requires the creator of the material to be attributed when his or her work is used; >> NonCommercial (NC) – this restricts commercial use of the material, and should be considered with respect to the debate about what is and is not considered commercial use; 32 Australian Copyright Council: Copyright in the Classroom > June 2017 >> ShareAlike (SA) – this allows the material to be used or altered without permission if the alterations are usable under the same CC licence as the original material; and >> NoDerivatives (ND) – this restricts people from making “derivative works” such as remixes and mashups, but material can be copied without permission in its original form The application of the licence can be indicated by a graphical symbol representing the CC licence, followed by letters or graphical symbols representing the conditions of the licence (for example, CC-BY-NC for AttributionNonCommercial) Examples of CC licences >> Example – music released under a CC-BY licence may be used in any way (sampled, mashed up, reedited, copied, etc.) if you attribute the creator >> Example – an image released under a CC-BY-ND licence can be used as long as the creator is attributed and no derivative works of that image are made (a “derivative” use could be cropping or mashing up or modifying the image in a substantial way) >> Example – text released under a CC-BY-NC licence cannot be used for commercial purposes (commercial purposes could include selling an e-book that incorporates that text) If you want to use the material in a way that is beyond the conditions on the licence, you will need to contact the copyright owner for further permission It is important to read the full text of the CC licence to be sure that your use of the material is within its scope The simplified version of the licence that is linked to the copyright material is referred to as the “humanreadable summary” or the “legal deed” To read the full licence, click on the link to the “legal code” This link is usually at the top of the simplified licence If you want to make your copyright material available online under a CC licence it is also important to ensure that the CC licence you select is appropriate not only to your current needs but also your potential future needs, as applying a CC licence to your material may affect the way you can exploit that material in the future For example, licensing your material under CC will remove your ability to exclusively licence it in a separate arrangement 6.6 Frequently asked questions A teacher wants to use photos uploaded to Flickr Commons by the State Library in a class presentation The photos are licensed under a CC-BY-NC licence Can the teacher use them? If the teacher provides an adequate attribution and the use is non-commercial, they will be able to use the photos in their slides The fact that the teacher receives an income from the educational institution does not mean that the use is a commercial one However, if the material were to be used as part of a presentation or webinar where attendees were charged a fee for participation, or for use in a book that is going to be made available for sale, these uses would likely fall outside of the scope of the licence For these uses, the teacher might instead obtain photos covered by other Creative Commons licences that not preclude commercial uses Australian Copyright Council: Copyright in the Classroom > June 2017 www.ebook3000.com 33 Appendix A Notices on or near copying equipment Please note that as per Copyright Regulations 1969 it is a legal obligation that all notices are A4 size If you wish to photocopy the notices in this book, you will need to resize them You should place a copy of the first notice on or near copying equipment such as photocopiers and scanners Both notices should be used on or near other types of copying equipment such as computers The following is taken from Schedule of Copyright Regulations 1969 Commonwealth of Australia Copyright Act 1968 Notice about the reproduction of works and the copying of published editions Warning Copyright owners are entitled to take legal action against persons who infringe their copyright A reproduction of material that is protected by copyright may be a copyright infringement Certain dealings with copyright will not constitute an infringement, including: >> a reproduction that is a fair dealing under the Copyright Act 1968 (the Act), including a fair dealing for the purposes of research or study; or >> a reproduction that is authorised by the copyright owner It is a fair dealing to make a reproduction for research or study, of one or more articles in a periodical publication for the same research or same course of study or, for any other work, of a reasonable portion of a work For a published work in hardcopy form that is not less than 10 pages and is not an artistic work, 10% of the number of pages, or one chapter, is a reasonable portion For a published work in electronic form only, a reasonable portion is not more than, in the aggregate, 10% of the number of words in the work More extensive reproduction may constitute fair dealing To determine whether it does, it is necessary to have regard to the criteria set out in subsection 40(2) of the Act A court may impose penalties and award damages in relation to offences and infringements relating to copyright material Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form 34 Australian Copyright Council: Copyright in the Classroom > June 2017 The following is taken from Schedule of Copyright Regulations 1969 Commonwealth of Australia Copyright Act 1968 Notice about the copying of audio-visual items Warning Copyright owners are entitled to take legal action against persons who infringe their copyright Unless otherwise permitted by the Copyright Act 1968 (the Act), unauthorised use of audio-visual items in which copyright subsists may infringe copyright in that item It is not an infringement of copyright in an audio-visual item to use that item in a manner that is a fair dealing under section 103C of the Act Section 103C of the Act relates to fair dealing for the purpose of research or study and sets out the matters that must be considered in determining whether a reproduction of an audio-visual item is a fair dealing A court may impose penalties and award damages in relation to offences and infringements relating to copyright material Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form Australian Copyright Council: Copyright in the Classroom > June 2017 www.ebook3000.com 35 Appendix B Copyright collecting societies Copyright Agency Copyright Agency (formally Copyright Agency Limited) was set up in 1974 by authors and publishers, principally to deal with the adverse impact on the publishing market of wide access to photocopiers Copyright Agency acts as agent for its members and for affiliated overseas organisations, to collectively administer and protect their copyright reproduction rights Copyright Agency’s membership includes most of Australia’s authors, publishers and journalists, and thousands of overseas authors and publishers who are members of affiliated overseas reproduction rights organisations Copyright Agency has also been declared as the collecting society to administer the reproduction of print and textual material by Commonwealth, State and Territory governments under the government copying provisions in the Act Australasian Mechanical Copyright Owners Society (AMCOS) The members of Australasian Mechanical Copyright Owners Society (AMCOS) are songwriters, composers and music publishers AMCOS licenses the recording of music and lyrics, and the photocopying of print music AMCOS can assist in identifying and finding owners of copyright in music and lyrics Tel: +61 9935 7900 Email: apra@apra.com.au apraamcos.com.au Phonographic Performance Company of Australia (PPCA) Phonographic Performance Company of Australia (PPCA) licenses the public performance of sound recordings on behalf of copyright owners of sound recordings (generally the record companies) Tel: +61 9394 7600 Email: info@copyright.com.au www.copyright.com.au Tel: +61 8569 1100 Email: ppca.mail@ppca.com.au www.ppca.com.au Viscopy Screenrights Viscopy licenses the works of visual artists, including craft workers, photographers and designers In addition to licensing the works of Australian artists, Viscopy will also license works whose copyright owners are members of, or affiliated with, several overseas collecting societies with which it has agreements Viscopy is managed by Copyright Agency Screenrights administers the statutory licence that allows educational institutions to copy material from radio and television broadcasts on behalf of film producers and distributors, script writers and music copyright owners and other rights holders Screenrights may also be able to help identify and find copyright owners of audio-visual material Tel: +61 9394 7600 Email: info@copyright.com.au www.viscopy.net.au Tel: +61 9904 0133 Email: info@screenrights.org www.screen.org Australasian Performing Right Association (APRA) APRA administers the rights of public performance and communication to the public of music and lyrics for composers, music publishers and other copyright owners Tel: +61 9935 7900 Email: apra@apra.com.au apraamcos.com.au 36 Australian Copyright Council: Copyright in the Classroom > June 2017 ... composer and arranger If the recording contains an ARIA Sound Recording, the artist/group name and the record company label APRA AMCOS and ARIA PPCA Universities’ Agreement Under the APRA AMCOS and ARIA... >> the purpose and character of the dealing; >> the nature of the work or adaptation; >> the possibility of obtaining the work or adaptation within a reasonable time at an ordinary commercial... copy and communicate material that was broadcast on free-to-air TV or radio and then made available online by the Australian broadcasters In some situations, streaming, downloading or otherwise