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Copyright

Part VA: Copying and communicating material from TV and radio

Part VA allows educational institutions to record from radio and TV for educational purposes, and to copy and communicate those recordings. Unlike Part VB, Part VA allows an entire program to be recorded and copied, even if you can buy that program (on DVD, for example).


Certain information must be displayed on analogue recordings and copies, and with communications of recorded programs.

Part VA only applies to audiovisual material sourced from a broadcast. It does not apply to purchased, rented or borrowed DVDs or videos. Nor does it apply to a digital download or podcast, unless it is a program that has been shown as a free-to-air broadcast and has been made available online by the broadcaster (on the ABC website, for example).

If a copy is sold, or used for a purpose other than education, it is deemed to be an infringing copy.

Part VB: copying and communicating text, images and notated music

In Part VB, there is one set of provisions that allows copying of print resources such as books and newspapers (the “hardcopy scheme”), and another that allows copying and communication of digital material (the “electronic use scheme”). “Communication” includes making available online (on an intranet, for example) and email.


In each scheme, the amount of a work that can be used is, in most cases, limited to a “reasonable portion” (usually 10% or 1 chapter) if the work is available for purchase. A specific notice must be included with digital copies and communications.

If a copy is sold, or used for a purpose other than education, it is deemed to be an infringing copy.

Section 200AB: the “special case” or “flexible dealing” exception

Section 200AB allows an educational institution to use copyright material for educational instruction in certain cases, where the use is not covered by other specific exceptions in the Copyright Act. For example, it does not apply to a use that would be covered by Part VA (recording and communicating TV and radio programs) or Part VB (copying and communicating text and images).


Section 200AB only applies if:

  • the circumstances of the use amount to a special case;
  • the use does not conflict with a normal exploitation of the material;
  • the use does not unreasonably prejudice the legitimate interests of the owner of the copyright;
  • the copying is not made for commercial advantage or profit.

Section 200AB is more complex than other exceptions in the Copyright Act, and you will usually need advice about whether or not it applies in a particular situation. In some cases, section 200AB can allow the conversion or “format-shifting” of videos to DVDs.

Do the Limits Apply for per Lecture? per Unit? per University?

Print communication of material – Generally interpreted as applying per unit.

Example: You can photocopy one chapter from a book for students in one unit and a different chapter from the same book for another unit.

 

Online (web) communication of material – The limits are applied to the University as a whole.

Example: If a lecturer makes a chapter of a work available online, no-one else in the University (even the same lecturer for a different unit they teach) can make another part of the same work available online in reliance on the Part VB license until the first part is taken down.

 

eReserve: a centralised approach
Because the Part VB limits for online (web) communication of material apply to the University as a whole, it is necessary to have a centralised approach to such material. At Notre Dame, lecturers are required to submit all material for eReserve to the Library.

 

Please see the eReserve Guide for more information - library.nd.edu.au/ereserve

Common Questions

Can I ask the Library to make one chapter from a book available online via eReserve and then take that chapter down and make another chapter available for the same unit of study and so on?

No - sequential or serial copying and communication of chapters from a single book for the SAME unit of study not permitted under the Copyright Act. Only one chapter or 10% of the pages in a book can be copied for each course. If you ask the University Library to copy more than one chapter from a book for a Unit you will have exceeded this limit and be operating outside the protection of Part VB of the Copyright Act.


 

Why can't I make digital copies of copyright materials for the LMS (Blackboard) myself?

Unless you hold the copyright of a text, or have explicit permission from the copyright holder, making a copy available in the LMS is likely to breach copyright.

The Library's eReserve Service will do the following for you:

  • checks copyright compliance,
  • adds mandatory copyright notices,
  • keeps the records required by the licence and
  • participates in mandatory copyright compliance surveys under Part VB licence of the Copyright Act.