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Copyright

Copyright Statutory Licenses

This section deals with the copyright statutory licensing schemes in which the University participates to facilitate the copying of teaching material for students.

The existing educational statutory licences in Parts VA and VB of the Copyright Act 1968 (Act) will be replaced by one simplified statutory licence (New Statutory Licence), which takes effect on 22nd December 2017. On that date, the Parts VA and VB statutory licences cease to exist.

The licences are:

Part VA of the licence covers the copying and communication of broadcasts (television, radio, cable and satellite).

Also known as, the Screenrights Licence.

  • This covers the copying and communication of content recorded from television (this includes free-to-air, satellite, and cable) and radio broadcasts. Broadcasts recorded under the Screenrights licence may be played in lectures or tutorials. This licence relates to Part VA of the Copyright Act 1968.
  • The current agreement with Screenrights terminates on 31 December 2017. While a new agreement is being negotiated, you can continue to rely on the New Statutory Licence to copy and communicate broadcasts. There are no copying or communication limits for broadcasts under the New Statutory Licence (this is also the case under the Part VA statutory licence).

 

Part VB of the licence covers print and graphic reproduction and communication.

Also know as, the Copyright Agency Limited (CAL) Licence.

  • This is administered by the Copyright Agency Limited, and covers the copying and communication of literary, dramatic, and artistic works, in both print and digital formats. This licence relates to Part VB of the Copyright Act 1968.
  • The current agreement with Copyright Agency provides that you can copy or communicate a work under the New Statutory Licence if the amount is no more than the amount that would have been permitted under Part VB. This is designed to create certainty while the terms of the new agreement are negotiated.

These schemes are negotiated by Universities Australia with the relevant copyright collection societies (i.e. Screenrights and CAL) to whom a fee is paid annually by each University.

These schemes provide convenience for teaching staff (e.g. no application is required, no individual/School fees are payable and, other than during designated sampling/monitoring periods, no record keeping is required).

However strict conditions apply, e.g. with regard to the amount and type of material that can be copied, who can access the material, and warning notices which must be displayed.

Failure to observe the conditions of the Part VA and VB statutory licences may lead to legal action against the University and/or the withdrawal of the University's right to copy.

Note that there are a number of circumstances where you must not or may not need to rely on the statutory licences to copy teaching material (please see the section called Teaching - Special Circumstances in this guide).

The New Statutory Licence will provide greater flexibility over what can be negotiated and agreed with Collecting Societies in relation to copying and communications. This includes the copying and communication limits for works.

These licences effectively exempt the University and its current staff and students from certain obligations under the Copyright Act but do so in specific ways.

For more information please see the following: