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Copyright and legal re-use

Contains information on using (and re-using) material that isn't your own, and the limits that apply to this use.

Using radio and television broadcasts

TYPES OF WORK HOW TO USE FOR EDUCATIONAL PURPOSES
  For Students For Teaching Staff For Publishing

Radio and Television
Includes: Australian Pay-TV Services, and some Podcasts.

Can be copied in entirety.
Attribution required.

Can be copied in entirety.
Attribution required.
Must apply appropriate
copyright notice.
See For teaching staff tab below.

Permission required from both Copyright Owner and Moral Rights Holder.
Usage fees may apply.
Attribution required.

Legend: Definitions and Explanation of Terms

Specific information for students on how to (re)use this type of work for educational purposes (assignments, projects, etc.):
 
  • From physical sources (CDs, DVDs, tapes, etc)
    You may copy the whole radio or television broadcast under the licence parameters listed above, but don't forget to reference/attribute it.
     
  • From online/radio/television sources
    You may copy the whole radio or television broadcast under the licence parameters listed above, as long as the terms of use of the website (or licence/contract) do not state otherwise.
Links to Copyright Notice requirements:  Copies  |  Communications

Specific information for teaching staff on how to (re)use this type of work for educational purposes (PowerPoint presentations, handouts, etc.):
 

Using copies of broadcasts - 2020 update: 

The statutory licence allows universities to copy and communicate, solely for the educational purposes of the university (or another university with a remuneration notice in place):

a. broadcasts – (both radio and television); and

b. the content of a broadcast that has been made available online by the broadcaster at the same time, or at substantially the same time, as the broadcast (e.g. content on SBS OnDemand, or ABC iView).

Copies of broadcasts made in reliance on the Statutory Licence must only be for used for educational purposes. They must not be made available to students, or by students, for any other purpose (e.g. entertainment). This limitation applies to copies made by Resource Centres (on behalf of the university) as well as to copies made by the university itself.

 

Marking requirements

Copies

Pursuant to clause 3.4(a) of the Remuneration Agreement, universities are required to mark all copies of broadcasts in analogue form, or on removable media (e.g. DVD, CD, USB), made in reliance on the Statutory Licence, with a notice containing the following information:

Program Name: ______________________________________

Broadcast Date: ______________________________________

Broadcast Channel: ___________________________________

This program has been copied under the Statutory Licence persuant to s113P(2) of the Copyright Act 1968 for the educational purposes of the University.
This notice should be attached to the container in which the copy is kept (e.g. DVD/CD case, USB etc).

 

Communications

Pursuant to clause 3.4(b) of the Remuneration Agreement, universities are required to include a notice to the following effect on all communications of broadcasts made in reliance on the statutory licence:

This program has been communicated under the Statutory Licence pursuant to s113P(2) of the Copyright Act 1968 for the educational purposes of the University. 
This notice should be visible to any staff member or student accessing the content. This might include:
  • using a flash screen so that the notice appears when a person accesses the broadcast
  • putting the notice in the reading list information that accompanies the link to the broadcast
  • putting the notice in a footnote or footer next to the link to the broadcast
  • putting the notice as a slide prior to the broadcast being shown in a lecture
  • putting the notice in any email that contains a link to the broadcast
     

No matter what method the university adopts, the notice must be visible to staff or students accessing broadcast at some point during their ‘access journey’.

 

SUPERSEDED INFORMATION: All material copied under the Statutory Licence and communicated to students (LMS upload, email, etc) must have a warning notice attached near the front of the material (for example, as the second slide of a PowerPoint presentation after the title page). If the New Statutory Licence - Reproduction Notice PDF (see link below) is not used, then the following notice text must be included in entirety:

WARNING 
This material has been reproduced and communicated to you by or on behalf of The University of Notre Dame Australia in accordance with section 113P of the Copyright Act 1968 (Act).
The material in this communication may be subject to copyright under the Act. Any further reproduction or communication of this material by you may be the subject of copyright protection under the Act.
Do not remove this notice.

 

Screenrights Agreement Best Practice Guidelines 

IMPORTANT: You must ensure that the radio or television broadcast you want to use falls within the scope of the Statutory Licence, or is marked with an appropriate Creative Commons licence, or is part of the Public Domain.
Specific information for researchers on how to (re)use this type of work for publishing purposes (thesis, journal article, book chapter, etc.):
 
  • From physical sources (CDs, DVDs, tapes, etc)
    Permission is required from the copyright owner to use the appropriately referenced material in a publication. If you are not able to find or contact the copyright owner, please contact the Copyright Officer for assistance. For where to store this data in the research repository, please contact the Manager, Research Services.
     
  • From online sources
    Permission is required from the copyright and moral rights owner(s) to use the appropriately referenced material in a publication. If you are not able to find or contact the copyright owner, please contact the Copyright Officer for assistance. Usage fees may apply.

Finding copyright-friendly material

The following lists of sites contain sources of subscribed resources for University staff and students, Creative Commons licensed websites, and public domain content.

There are no copying or communication limits for broadcasts under the New Statutory Licence (this was also the case under the Part VA statutory licence). These copies may be included in library collections, added to PowerPoint presentations, sent to students via email, provided to staff for use in classes while they are employees of the University and made available via secure University services like Blackboard.

The copies may be made at the University or by University staff at home from any broadcast "received in Australia". This includes free-to-air, satellite and cable television broadcasts, as well as radio broadcasts*. The University Library may be able to obtain copies of past broadcasts from other libraries that hold copies made under the New Statutory Licence.

*The terms of the licence do not extend to commercially purchased or leased audio visual materials; or podcasts not originally broadcast in Australia (e.g. U.S. broadcast podcasts).

Subscribed and licensed material

The University Library subscribes to the following resources that contain broadcasts for you to use in your teaching, research or study.

YouTube and video-on-demand

The Statutory Licence does not cover material from video-on-demand and catch-up services such as Foxtel*, Stan, Netflix, or Presto. Material from these services cannot be played in class, or shared via Blackboard.

Material available from services such as Freeview and iView may be covered under the Statutory Licence providing the material is identical to that already broadcast on TV, and providing it is available for download. If it is only available in streaming mode, using software to capture the material will infringe copyright.
 

*SUGGESTION: Please have a look at EduTV (subscribed University Library eResource). It contains lots of legally accessible material that has been recorded from Foxtel channels.

 

The following information sheets have been produced by the Australian Copyright Council:

Creative Commons material

With Creative Commons (CC) licences, creators can tell the world that they’re happy for their work to be copied, shared or even remixed. When a creator releases their work under a CC licence, you know what you can and can’t do with the work. As a result, you can freely copy, share and sometimes modify and remix CC material without having to worry about copyright, as long as you follow the licence.


There are a number of content repositories that allow you to search their website for CC licensed content. You can do this using many popular search engine and search tools.