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 2 9101 2377
F: +61 2 9101 2399
E: 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
1. About this publication
1.1 Who this publication is for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.2 How this publication is set out. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.3 Information, not legal advice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.4 Other sources of information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
1.5 Sources of copyright law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
1.6 New amendments to the Copyright Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

2. Copyright basics
2.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.2 What is the purpose of copyright?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.3 What does copyright protect? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.4 What is not protected by copyright? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.5 How long does copyright last?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

2.6 Who owns copyright? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.7 Rights of the copyright owner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2.8 When do you need permission?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.9 Moral rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2.10 Performers’ rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2.11 Frequently asked questions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

3. 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

4. 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

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5. 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

6. 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

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1. 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.

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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.

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2. 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.
1

There is no requirement of artistic quality for an “artistic work” to be protected by copyright.

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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 do 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.

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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”:
1. If the author died prior to 1955, copyright has expired; and
2. 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.

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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 1 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 do 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).

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2.8 When do you need permission?
In most situations, the use of third-party materials by teachers and lecturers will be covered by the statutory
licences for educational institutions and exceptions to copyright, which we discuss in greater detail in Chapters
3 and 4. Where these licences and exceptions don’t apply to a use, you will need to consider if you require
additional permissions.
In general, you need permission to use all or any “substantial part” of someone else’s copyright material in
any of the ways reserved to the copyright owner, unless a licence or an exception to infringement applies.
Determining whether you are using a “substantial part” of someone else’s material is one of the most difficult
areas of copyright law, as there is no definition of “substantial part” in the Copyright Act.
What is “substantial” is a question of fact and degree, and depends on the circumstances of each case. This is
a question of quality over quantity. In cases that have looked at the issue of “substantial part”, the courts tend
to look at whether the part taken is “important”, “essential”, “material” or “distinctive” to the original material
from which it was taken. Generally, if what you are using is recognisable as having originated from a particular
source, it is likely to be a “substantial part”.
In some situations, you may require consent from the author and/or performers in addition to seeking
permission from the copyright owner. For example, if you wish to use copyright material in a way that may
infringe the author’s moral rights, you may need to obtain the author’s consent in addition to permission from
the copyright owner. This will also be the case if you want to record a performance, in which case you will
need to obtain consent from the performers to record their performance, in addition to permission from the
copyright owner. We discuss moral rights and performers’ rights in further detail below.

2.9 Moral rights
Authors have “moral rights” in their creations. Moral rights concern an author’s reputation in his or her work.
These rights are separate to copyright and always belong to the author of the material. “Moral rights” refer
to non-economic rights that a creator has in relation to his or her work, and they are intended to encourage
respect for creators as well as their creations. The moral rights of the author are:
>> the right to be attributed as the author of the work;
>> the right not to have their work falsely attributed; and

>> the right to take action if their work is treated in a derogatory way (that is, used in a way that is prejudicial
to their honour or reputation).
Moral rights apply to literary, musical, dramatic and artistic works and films. In general, moral rights endure for
the same period as copyright, and they remain with the creator, or the creator’s heirs, until those rights expire.
As these rights are personal to the creator, they cannot be bought or sold.

The right of attribution
A creator has the right to be attributed as author of his or her work whenever it is used in certain ways,
including when it is copied or communicated to the public. The attribution must be clear and reasonably
prominent, so that a person who gets a copy of the work will have notice of the creator’s identity.

The right not to have work falsely attributed
A creator has the right not to have the authorship of his or her work attributed to someone else, as well as the
right not to have an altered work attributed as being his or her unaltered creation.

The right of integrity
A creator has the right to have the integrity of his or her work respected – that is, the right not to have the work
subjected to derogatory treatment that prejudices his or her honour or reputation. Derogatory treatment
might involve a mutilation or a material distortion of a work, or using a work in a context that prejudices the
author’s honour or reputation.

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How long do moral rights last?
Generally, moral rights continue until the end of the period of copyright. In the case of published material, that

is typically the life of the author plus 70 years. However, in respect of films only, the right of integrity in a film
lasts until the relevant producer, director or screenwriter dies.

What are the exceptions to moral rights?
There are some situations in which a person who deals with a work does not have to respect moral rights. For
example, it will not be an infringement of moral rights:
>> if a dealing with a work is “reasonable” in all the circumstances; or
>> if the creator has given written consent to what would otherwise be an infringement of his or her rights.

Reasonableness
There are several factors to be considered when assessing whether a person has acted reasonably. These
include:
>> the nature of the work;
>> the purposes for which it is used;
>> relevant industry practice;
>> whether the work was created during employment or under a contract of service; and
>> if there are two or more authors, their views about the failure to attribute or derogatory treatment.
For example, if you commission a graphic designer to create a new logo for your institution’s publications, it
may be “reasonable” for you to not identify the name of the graphic designer in a clear and prominent way,
which would otherwise infringe their right of attribution.

Consent
The author’s consent must set out the specified acts or omissions for which the consent is provided, whether
before or after consent was given.
If the author is an employee (as opposed to a freelancer), the consent provisions are wider. Employees may
give their employers consent to all or any acts or omissions in relation to all works made or to be made during
their employment.
For detailed information about moral rights and the exceptions to these rights, see our information sheet
Moral Rights.

2.10 Performers’ rights
Performers also have rights in their performances, and in some instances, they may also own copyright in
recordings of their performances. This means that where you are recording a performance you will generally
require the performers’ consent and permission from the copyright owner of the work being performed.
Performers who perform musical, dramatic or literary works, circus or variety acts, or expressions of folklore
have the following rights:
>> the right to grant or refuse consent to the reproduction and communication of a performance;
>> co-ownership of copyright in a sound recording of a performance; and
>> moral rights.

Consent to record a performance
Performers have the right to grant or refuse consent for their performances to be:
>> recorded (audio or video); or
>> communicated to the public (via radio or TV broadcast, or online, for example).
Someone who does any of the following things without permission may infringe a performer’s rights:
>> makes an unauthorised recording;
>> makes a copy of an unauthorised recording, where the person knew or ought to have known that the
recording was unauthorised;

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>> uses an audio recording on a soundtrack where the performer did not consent to this use at the time the
performance was recorded and the person knew this;
>> deals commercially with an unauthorised recording, if the person knew or ought to have known that the
recording was unauthorised; or
>> makes an unauthorised communication of the performance to the public.
A use is “unauthorised” if the performer has not consented to it.

Performers’ reproduction and communication rights are separate from and additional to copyright in the
material that is performed, and to their moral rights in their performance.

Ownership of copyright in sound recordings
The general rule is: in the absence of an agreement to the contrary, the first owners of copyright in a sound
recording of a live performance are the performers and the person who owns the relevant recording medium
on which the recording was made (the master copy, for example). However, there are some exceptions to this:
>> If a recording of a performance is commissioned, the performer does not own a share of copyright in the
sound recording. Rather, the commissioning party becomes the copyright owner in the sound recording.
>> Subject to any agreement to the contrary, where a performance is recorded during a performer’s
employment, the employer will own copyright in the sound recording.

Performers’ moral rights
Performers have moral rights in performances that are captured on sound recordings. The provisions came
into effect on 26 July 2007. This means that for all sound recordings, the rights are:
>> the right to be attributed for the performance;
>> the right not to have the performance falsely attributed; and
>> the right of integrity in the performance.

Attribution
The right of attribution is the right to be identified as a performer:
>> in a live performance, whenever the performance is staged or communicated to the public; and
>> in a performance recorded in a sound recording, whenever that recording is copied or communicated to
the public.
If a performer has not made known how he or she wishes to be identified, any “reasonable” form of identification
which is “clear and reasonably prominent” may be used. If a performance is presented by performers who use
a group name, identification using the group name is sufficient.

False attribution
Performers have the right not to have their performance falsely attributed. In the case of a live performance,

false attribution involves falsely stating or implying that:
>> a person is, was, or will be a performer in the performance; or
>> the performance is being, was, or will be, presented by a group of performers.
In the case of recorded performances, false attribution involves:
>> implying falsely that a person (or group) is a performer by affixing their name to, or on, a sound recording;
>> dealing with a sound recording or communicating a sound recording to the public knowing that a person
(or group) named in, or on, the sound recording is not a performer;
>> dealing with a recorded performance that has been altered by someone other than the performer as an
unaltered performance knowing that it is not (except if the effect of the alteration was insubstantial or was
required by law).

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Integrity
The right of integrity in the performance is the right not to have a live or recorded performance subjected to
derogatory treatment. Derogatory treatment is the doing of anything that results in a material distortion or
mutilation of the performance, or a material alteration to the performance, that is prejudicial to the performer’s
reputation.

Defences to infringement of moral rights in performances
A failure to attribute a performer, false attribution of a performer, or derogatory treatment of a performance,
does not infringe the performer’s moral rights if the performer consented to the act or omission. A failure to
attribute a performer or a derogatory treatment of a performance does not infringe the performer’s moral
rights if the act or omission was “reasonable” in the circumstances.
For further information about performers’ rights, refer to your organisation’s policy or speak to your peak

body. See also our information sheet Performers’ Rights.

2.11 Frequently asked questions
Who owns copyright in material created by students?
In general, the first owner of copyright is the author of the work. This means that students will typically own
copyright in the works that they author, unless they have entered into an agreement stating otherwise. A
situation where a student might not own copyright in their work is where they are concurrently employed
by the educational institution, for example, as a researcher or tutor. In this case, copyright in any material
created by the student for their employer will be owned by the employer. This does not necessarily extend to
material they continue to create in their capacity as a student. For further information, see our information
sheet Ownership of Copyright.

Are the works of William Shakespeare protected by copyright?
Copyright in the complete works of William Shakespeare has expired, and they are in the public domain.
However, it is common to see “published editions” of the works of Shakespeare and in some instances these
may be separately protected under “published edition” copyright. This is a narrow form of protection for the
typographical layout of the edition, and lasts for 25 years from the year of publication. It is separate to the
underlying works contained in the edition. However, in some cases an edition may contain new material,
such as annotated notes, that may be separately protected by copyright. For further information, see our
information sheet Duration of Copyright.

Where can I find public domain books?
You can find public domain books in your bookstore or at the local library. It is also common for e-book
providers to make available free editions of public domain books for download through their app or shop
site. Another source of public domain books is Project Gutenberg, which also offers a range of public
domain materials that are Digital Rights Management (DRM) free and available in a range of formats. See
gutenberg.net.au.

What do I need to include when providing an attribution?
The author has the right to specify the way they wish to be attributed by someone else using their material.

However, if the author has not specified the way in which they want to be attributed, an attribution should
identify the name of the author in a “clear and reasonably prominent” manner, so that someone viewing the
work is made aware of the information. In some situations, you may be able to rely on an exception to the right
of attribution, for example, where you obtain consent from the author or it was not reasonable to provide the
attribution in the circumstances. For further information, see our information sheet Moral Rights.

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3. Free exceptions for educators
3.1 Introduction
Special provisions in the Copyright Act enable educational institutions to use copyright material for educational
purposes without the need for permission from the copyright owner. Some are free exceptions while others
involve remuneration to copyright owners.
The remunerated provisions are called “statutory” licences, as permission is set out in the Copyright Act. We
discuss the statutory licence for educational institutions in Chapter 4.
The Copyright Act also sets out free exceptions that address specific policy purposes. Here, we address the
main exceptions for educational institutions.

3.2 Performing and communicating copyright material in class
The main exception for teachers and lecturers enables them to perform and communicate copyright material
in class without the need for 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.

Common examples
Some examples of the application of this exception include:

>> reading out a textbook in class;
>> performing a song in class using sheet music;
>> performing a dramatic work in class;
>> showing students an image of an artwork online;
>> screening a DVD in class;
>> streaming a YouTube video in class;
>> streaming Spotify in class;
>> streaming catch-up TV in class; and
>> listening to digital radio in class.

Where it won’t apply
It’s important to note that this exception will not apply in situations where:
>> the material is not being used for educational purposes; or
>> the educational instruction is given for profit; or
>> the audience is not limited to persons who are taking part in the instruction or otherwise directly
connected with the place where the instruction is given.

Other considerations when relying on this exception
When you access copyright material online or via a subscription service, it is likely that you may have agreed to
certain terms and conditions that govern the use of the material. It is common for these terms to require that
the user agree to use the material for private and domestic purposes only. If the material you want to use is
covered by such a licence, you may be in breach of the terms if you screen it in another situation.

Screening films or DVDs for non-educational purposes
The schools sector has negotiated a licence with Roadshow PPL that allows them to screen films for noneducational purposes. This licence is known as the “Co-curricular Licence”. We discuss this further in Part
4.5. Schools will also need to ensure they are covered by an appropriate APRA licence to cover the public
performance of the music tracks included in films they screen outside of class.

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3.3 Copying works and broadcasts for educational purposes
There are two more practical exceptions that teachers and lecturers are likely to implement in their day-to-day
work. These enable the copying and adaptation of copyright material in class and for assessment purposes.

Putting copyright works into exams
Under this exception, literary, dramatic, musical or artistic works can be copied or adapted for use in an exam
question, or in response to such a question. “Adaptation” includes arranging music or translating a literary
work from one language into another. “Examination” is not defined in the Copyright Act; however, it is our view
that this will likely apply to other forms of personal assessment such as pop quizzes and assignments.
This exception also allows for an electronic copy of the work or adaptation to be made and communicated, for
example, by posting an exam on the intranet or emailing it to students.

Writing out by hand
Teachers and students can copy or adapt works in the course of educational instruction, so long as the copy
is not made on an electronic device where it can be copied. This allows for writing out text, translations or
musical arrangements on a whiteboard, blackboard or on paper, provided it is by hand.
The exception does not cover scanning or photographing what you have written. However, this is likely to be
covered by the statutory licence.

3.4 Copying and communicating works and broadcasts to assist
people with disabilities
The new amendments to the Copyright Act replace the previous disability schemes with new provisions that
include a new fair dealing exception for purpose of access by persons with a disability and an exception for
the use of copyright material by organisations assisting persons with a disability. “Person with a disability” is
defined in the Copyright Act to mean a person with a disability that causes the person difficulty in reading,

viewing, hearing or comprehending copyright material in a particular form.

Fair dealing for purpose of access by persons with a disability
The new fair dealing exception allows for the use of copyright material for providing access to one or more
persons with a disability. It covers use by any of those persons or by another person assisting them.
To rely on the fair dealing exception, the use must be for providing access to persons with a disability and it
must also be “fair”. There are several factors are set out in the Copyright Act which may be considered when
determining whether the use is “fair”. These include:
>> the purpose and character of the dealing;
>> the nature of the copyright material;
>> the effect of the dealing upon the potential market for, or value of, the material; and
>> if only part of the material is dealt with, the amount and substantiality of that part, taken in relation to the
whole material.

Use of copyright material by organisations assisting persons with a disability
There is a second disability exception that allows organisations assisting persons with a disability to use
copyright material to assist those person(s) to access the material in a format that they require. “Organisation
assisting persons with a disability” is defined in the Copyright Act to include educational institutions. To rely
on the exception, an educational institution must be satisfied that the material, or the part of the material
required, cannot be obtained in that format within a reasonable time at an ordinary commercial price. This
means that you will first need to check whether the copyright material you want can be obtained in the format
required by the person(s) before you make an accessible-format copy.

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3.5 Special case exception
The special case exception 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 the free exceptions for educational institutions
or the statutory licence for copying and communicating works and broadcasts.
Educational institutions may make use of copyright material under the exception for the purpose of giving
educational instruction. The term “educational instruction” may be a narrower concept than “educational
purposes”, a term used elsewhere in the Copyright Act. In our view, it means that under the exception an
educational context is limited to use of copyright material for teaching purposes.
The section 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; and
>> the copying is not made for commercial advantage or profit.
For educational institutions with a library, the officer administering the library may also use this exception for
the purpose of maintaining or operating the library.
The special case exception is more complex than other exceptions in the Copyright Act. If you want to know if
the exception applies to your situation, it is generally a good idea to get further advice.

3.6 Libraries and archives
Those working in educational institutions with libraries and/or archives may be able to take advantage of the
special provisions for non-profit libraries and archives that allow them to copy and communicate material in
their collection without permission or payment of a fee.
The Copyright Act does not define “library”, but various provisions suggest that a library is an entity that owns
a collection of materials and provides certain services in relation to it, including access to the collection.
“Archives” is defined as a collection of material of historical significance or public interest, being maintained for
the purpose of conserving and preserving the material. The collection must not be maintained and operated
for profit.
These exceptions apply for the following purposes:
>> copying for clients’ research or study;
>> copying for other libraries;
>> copying for preservation;

>> copying to replace lost, stolen or damaged items; and
>> administrative purposes.
Where no other exception applies, a library may also be able to copy under the “special case” exception for
the purposes of maintaining or operating the library. We discuss these provisions in greater detail in our guide
Libraries & Copyright.

3.7 Fair dealing
To rely on any fair dealing exception, the use of the material without permission must be for one of the fair
dealing purposes discussed below and it must be “fair” in the circumstances. What is “fair” is not clear-cut and
must be assessed on a case-by-case basis. There are several factors outlined in the Copyright Act which may
be considered when determining whether a use is “fair”. These include:
>> 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
price;
>> the effect of the dealing upon the potential market for, or the value of, the work or adaptation; and
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>> in a case where only part of the work or adaptation is copied, the amount and substantiality of the part
copied in relation to the whole work or adaptation.
When determining whether a use is “fair”, no one factor will be determinative.

Research or study
Copyright-protected materials can be used for the purposes of private research or study. Under Australian
copyright law, this is commonly considered to be the private research of the person carrying out the copying

(but not, for example, copying for research that is to be carried out by others). The Act deems reproduction of
a “reasonable portion” to be “fair”.
Text or notated music
If you are reproducing text or printed music from a hardcopy edition of 10 or more pages, the Act deems that
it is fair to copy:
>> 10% of the number of pages; or
>> one chapter, if the work is divided into chapters.
For text published in electronic form, it is deemed fair to copy:
>> 10% of the number of words; or
>> one chapter, if the work is divided into chapters.
If the material is available in hardcopy and separately in electronic form, you can choose which form to use,
and apply the relevant test to work out what is deemed to be fair.
An article from a periodical publication
The Act deems it fair to use an article from a periodical publication (such as a newspaper, magazine or journal)
or more than one article, if each article is for the same research or course of study.
Copying more than the amounts deemed fair
If you want to copy more than the deemed amounts, you must consider all the circumstances to work out if it
is fair, considering the factors listed in the Act (see above). If you want to use material that is not textual (for
example, a drawing or photograph), as there are no deemed amounts, you will also need to consider if the use
is fair.

Criticism or review
Copyright material may be used without permission for the purposes of criticism or review, provided the use is
“fair”. Criticism or review involves passing some form of judgment. There is also a requirement that the person
using the material provides a “sufficient acknowledgement”. This exception would allow, for example, a person
writing a book review to include an image of the book cover and extracts in the review, provided the material
is properly attributed to the author of the respective works.

Parody or satire
Copyright material may be used without permission if it is for the purposes of parody or satire. The terms

“parody” and “satire” are not defined in the Copyright Act and have not yet been considered by Australian
courts, but it is likely that a court would look at dictionary definitions of the words to decide what they mean
in the context of the Act.

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The Macquarie Dictionary includes the following definitions:
Parody: 1. a humorous or satirical imitation of a serious piece of literature or writing. 2. the kind of
literary composition represented by such imitations. 3. a burlesque imitation of a musical composition. 4.
a poor imitation; a travesty.
Burlesque: involving ludicrous or debasing treatment of a serious subject.
Satire: 1. the use of irony, sarcasm, ridicule, etc in exposing, denouncing, or deriding vice, folly etc. 2. a
literary composition, in verse or prose, in which vices, abuses, follies etc. are held up to scorn, derision, or
ridicule. 3. the species of literature constituted by such composition.
A parody is an imitation of a work that may include parts of the original. In some cases, a parody may not be
effective unless parts of the original are included. It seems that the purpose of a true parody is to make some
comment on the imitated work or on its author. A parody does not necessarily need to be humorous. The
purpose of satire is to draw attention to characteristics or actions, such as vice or folly, by using certain forms
of expression, such as irony, sarcasm and ridicule.

Reporting the news
Copyright material may be used without permission for reporting the news, provided the use is “fair”. To rely
on this exception, the primary purpose must be to report the news, not simply to entertain. The courts have
said that “news” is not restricted to current events.
There must also be a “sufficient acknowledgement” accompanying a work that appears in a newspaper or
magazine article, identifying the material by its title or other description, and giving the name of the work’s
author. However, there is no requirement to provide a “sufficient acknowledgement” for news broadcasts.

Access by persons with a disability
The new amendments to the Copyright Act introduce a new fair dealing exception that allows for the use of
copyright material for the purpose of providing access to one or more persons with a disability that causes the
person(s) difficulty reading, viewing, hearing or comprehending copyright material.

3.8 Frequently asked questions
What is fair use and how is it different to fair dealing?
Fair use is an exception that originated in the United States and has been adopted in a number of jurisdictions.
It is an open-ended exception and applies more broadly than fair dealing, which only applies to specified
purposes. The Australian Law Reform Commission and Productivity Commission have both recommended
that Australia adopt fair use. For further guidance on fair use, see our information sheets Fair Use & the ALRC
Inquiry and Fair Use and the Productivity Commission.

Can students copy material from the internet?
Internet pages often involve a collection of materials that may be separately protected by copyright. Text will
be protected as a “literary work”, images will be protected as “artistic works”, and videos will be protected
as “cinematograph films”. Students should first check the relevant website for terms and conditions setting
out how the material may be used. Students may also be able to rely on the fair dealing exceptions to copy
material on websites up to certain limits. See Part 3.7.

Our school wants to record lessons and post them to the learning management
system or shared drive for distance students to view. Can we do this?
The Copyright Act enables teachers and lecturers to perform and communicate copyright material in class, and
to copy and make adaptations of works by hand, without infringing copyright. However, these exceptions do
not extend to recording the performance or hand-written copies or adaptations, which are reproductions not
covered by the exceptions.
Having said this, your educational institution’s statutory licence will cover the copying and communication of
works and broadcast material, while the voluntary licences with the music industry collecting societies cover

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the reproduction of commercial sound recordings (see Chapter 4). Where these licences do not apply, the
special case exception might allow for the recording of the performance to be made and posted to the learning
management system or shared drive. See Part 3.5.

A music student with a print disability requires a score in large print for her music
class. Can I make a copy?
There is an exception that allows for educational institutions to assist people with a disability that causes
them difficulty reading, viewing, hearing or comprehending copyright material. If a teacher is satisfied that the
material cannot be obtained in the required format within a reasonable time at an ordinary commercial price,
they can make a copy for the student in the required format. For more information, see Part 3.4.

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4. Licences for educational
institutions
4.1 Introduction
Schools, universities, TAFE colleges and certain training organisations are “educational institutions” for the
purposes of the Copyright Act.
The licences available to “educational institutions” include:
>> the statutory licence for copying and communicating works and broadcasts;

>> voluntary licences with the music industry copyright collecting societies for copying, communicating and
performing music and sound recordings; and
>> Roadshow PPL Schools Co-curricular Licence for non-educational film screenings.
In this chapter, we provide an overview of what educational institutions can do under these licences. In other
situations, educational institutions have approached collecting societies to negotiate individual licences. If
you are unsure of which licences your institution is covered by, or for information on applicable policies and
procedures regarding the use of these licences, contact the person responsible for copyright in your institution,
or your institution’s peak body, or the relevant copyright collecting society.

4.2 The statutory licence: copying and communicating text, images
and notated music
The statutory licence allows an educational institution to copy and communicate text, images and scored
music in hardcopy for educational purposes. To copy under the licence, an educational institution must have
a remuneration notice with Copyright Agency, the declared collecting society.

How much can be copied under the licence?
In most cases, the amount you can copy is limited to a “reasonable portion”.
The Copyright Act deems the following amounts to be a “reasonable portion”:
Published literary works
>> 10% of the number of pages or one chapter (whichever is greater) for a hardcopy work; or
>> 10% of the number of words or one chapter (whichever is greater) for an electronic work.
Articles
An article in an issue of a periodical (such as a journal, newspaper or magazine), or more than one article from
the same publication if the articles are on the same subject.
Anthologies
>> A literary or dramatic work of no more than 15 pages published in an anthology.
Musical works
>> 10% of a music score.
Images
>> The whole of an image in hardcopy that accompanies (and explains or illustrates) text being copied under

the licence; or
>> the whole of an image in electronic format.

Where the work is not “commercially available”
If the work is not commercially available, you are not restricted to copying a “reasonable portion” and you
can copy as much of a work as you need for educational purposes in any format. Something will not be
“commercially available” if it is not available within a reasonable time at an ordinary commercial price. Copyright
Agency provides the following advice regarding “commercial availability”:

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>> “reasonable time” is interpreted as two weeks for periodicals and six months for textbooks. An
interpretation for other types of work is not available, and “reasonable” may need to be considered in the
context of intended use;
>> “ordinary commercial price” would mean the recommended retail price or the price generally available to
the educational institution through its normal suppliers. Note that if an item is available in electronic form
but not hardcopy form, it is deemed to be available and you may copy a “reasonable portion” only; and
>> “reasonable investigation” would mean that the institution uses its usual practices of obtaining and
identifying resources.

Communicating under the licence
Participating educational institutions can communicate material copies under the licence. “Communication”
means to make the material available online or to transmit it electronically. Copyright owners control such
uses of their material when the material is communicated “to the public”. Examples of communication to the
public include:

>> emailing text, images and music scores to students and staff; and
>> posting text, images and music scores to an intranet for student and staff access.
Generally, the amounts you can communicate are the same as the amounts you can copy. There is a general
understanding that a student in a course should receive no more than a “reasonable portion” for that course.
For example, a history teacher who copies 10% of a commercially available book for a class should not copy
another 10% of the book for the same class.
National Copyright Unit (NCU) advises that more than one extract from the same book can be uploaded to
a content repository (for example, on the school intranet or a learning management system), provided each
extract is for a different class and only available to that class.

Requirements for copying and communicating under the statutory licence
When communicating copies under the statutory licence, a notice must be used and reasonable steps 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. For further guidance on the statutory licence, see our guide
Educational Institutions: Using Text & Images.

Selling and distributing copies of material made under the licence
Copies made under the licence can be given away or sold provided the recipient is covered by the licence (for
example, another school covered by the licence) and copies are sold on a not-for-profit basis.

4.3 The statutory licence: copying and communicating TV and radio
The statutory licence allows for an educational institution to copy and communicate material from radio and
TV for educational purposes. It covers copying and communicating cable, satellite and broadcast services,
whether free-to-air or subscription, as well as on-demand services where a free-to-air broadcaster is making
broadcast content available online. This includes catch-up TV services such as iView as well as broadcasters’
YouTube channels.
To rely on the statutory licence, an educational institution needs to have a remuneration notice with Screenrights,
the declared collecting society. Most schools and universities have a remuneration notice with Screenrights.
TAFEs, registered training organisations (RTOs) and independent institutions may not be covered.

How much can be copied and communicated?
Under the statutory licence, teachers and staff at educational institutions can copy anything from a TV or
radio broadcast for the educational purposes of the institution. There are no limits on the amount that can be
copied, and no limits on the number of copies that can be made. Copies can be made in any format and may
be loaded onto a learning management system or shared drive.
Educational institutions can also “communicate” the copies, for example, by reticulating programs to different
classrooms, streaming them online, or making them available online for staff or students to access.

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Under the licence, educational institutions can make copies for other educational institutions covered by the
licence. Copies can also be lent, but only to staff and students within the institution, where lending is for
educational purposes.
Screening copyright material in class is covered by the free exception for performing and communicating
copyright material in class – see Part 3.2.

Requirements for copying and communicating under the statutory licence
When communicating copies under the statutory licence, a notice must be used and reasonable steps 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. For further guidance see our guide Sound & Screen in
Education: An In-Depth Guide.

Resource centres
Resource centres are organisations licensed by Screenrights to make Screenrights copies. They can provide
Screenrights copies to educational institutions covered by a remuneration notice with Screenrights. These
copies can be used by educational institutions in the same way as Screenrights material recorded by the
institution itself. Resource centres offer a range of services for schools with a Screenrights licence, from

supplying DVD copies of broadcasts to 24-hour online copying and streaming services.
The following resource centres are listed on the Screenrights website:
>> ClickView (www.clickview.com.au), T: +61 2 9509 2600, E:
>> Enhance TV (www.enhancetv.com.au), T: +61 2 9904 0009, E:
>> TV4Education (www.tv4education.com), T: 1800 241 709
>> ResourceLink, T: + 61 7 3033 7433, E:
>> Informit (www.informit.com.au/tvnews), T: + 61 3 9925 8210
>> Understanding Faith (understandingfaith.edu.au)

4.4 APRA AMCOS, ARIA and PPCA licences: Performing, copying and
recording music
Some institutions are covered by voluntary licence agreements that have been negotiated by the education
sector and the music industry collecting societies APRA AMCOS, ARIA and PPCA. These licence agreements
allow educational institutions to use music and sound recordings in ways that they would otherwise not be
able to under the exceptions and statutory licences set out in the Copyright Act. In 2018, APRA AMCOS and
PPCA will be launching One Music Australia, a joint venture to simplify the process of obtaining a licence for
the public performance of commercial music. See www.onemusic.com.au.

Primary and secondary schools
All government schools are covered by the following licences:
>> AMCOS Schools’ Photocopying Licence – photocopying print music;
>> APRA Schools’ Performance Licence – performance of music (outside a class); and
>> APRA AMCOS ARIA Schools’ Music – recordings and Access Licence: Recording/copying music and sound
recordings.
Many religious and independent schools are also covered by these licences, through the state Catholic
Education Offices, Associations of Independent Schools and other peak bodies. If you are uncertain about
whether you are covered by these licences, check with your peak body or APRA AMCOS.

AMCOS Schools’ Photocopying Licence
The AMCOS Schools’ Photocopying Licence (the Photocopying Licence) covers the photocopying of print music

by primary and secondary schools. To rely on this licence, the use must be for the institution’s educational
activities; for example, this excludes copying for external exams or by private music teachers and external
tutors who operate out of the school.

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The maximum number of copies which can be made under the Photocopying Licence from each original
printed copy depends both on what type of music it is and on whether the copy is being made in a primary
or a secondary school. If more than the permitted number of copies is required, additional originals must be
purchased or permission to make more copies must be sought from the publisher.
The Photocopying Licence allows for photocopying, copying out a melody and/or lyrics by hand and transposing
a score, but does not cover scanning or using any electronic copies. Copies or transcriptions may only be made
from legal originals owned by the school or a teacher. These, along with the copies made, must be marked
with specific information.

Marking requirements for the Photocopying Licence
There are also marking requirements for the Photocopying Licence. Every copy made under the licence must
be marked with the following notice:
AMCOS Licensed Copy
School Name:
Date Copies Made: …/…/…
Copy Number: …. of ….
For further information on the applicable limits of the number of copies that can be made under this licence,
see the APRA AMCOS website: apraamcos.com.au.

APRA Schools’ Performance Licence
The APRA Schools’ Performance Licence covers the public performance of music and lyrics for educational
purposes or at any event connected with the activities of the school. Events can be for profit, provided the
proceeds go to the school or a charitable cause.
Most schools will already have this licence as it has been organised by the relevant peak and governing bodies.
If you are not certain whether your institution is covered (for example, if you are an independent school), it’s
best to check with APRA.

Performance of music in a “dramatic context”
Where your event involves a performance of music in a “dramatic context” (that is, you are using music in
conjunction with acting, sets, costumes, scenic accessories and scripted dialogue or dramatic effects) the
performance licence only covers the following:
>> performances by primary schools;
>> performances by secondary schools – if the performance is not advertised outside the school community,
admission can be charged or, if the performance is advertised outside the school community, no
admission can be charged.

Grand right works and choral works
The performance licence doesn’t cover the use of entire grand right works (such as an entire musical, opera
or stage show) or choral works exceeding 20 minutes’ duration. For these works, you will need to consider
obtaining additional permissions. The script or score will often have information about who to contact to
obtain a licence of the performing rights – typically a local publisher or agent.
The following agents represent a diverse catalogue of grand right works for amateur performance and can
assist you in securing a performance licence:
>> Dominie Pty Ltd (www.dominie.com.au)
>> Origin Theatrical (www.origintheatrical.com.au)
>> Hal Leonard Australia Pty Ltd (www.halleonard.com.au)
If you are not sure which company to contact, APRA can also assist you in identifying the copyright owner.

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APRA AMCOS ARIA Schools’ Music Recordings and Access Licence
Under the APRA AMCOS ARIA Schools’ Music Recordings and Access Licence (the Music Recordings and Access
Licence), schools can do the following activities:
>> copy ARIA sound recordings to be played at school events and make sound recordings of music performed
at school events;
>> make video recordings incorporating pre-recorded or live music to be played at school events and make
video recordings of music performed at school events;
>> upload sound and video recordings made under the licence to the school’s password-protected and loginprotected intranet for remote access by staff and students;
>> live stream musical performances at school events from the school’s website; and
>> supply sound and video recordings to the school community for their own private and domestic use and to
other schools covered by the licence for their educational purposes. Schools can charge for such supply, if
the charge is limited to cost recovery.

Marking requirements for the Music Recordings and Access Licence
There are also marking requirements for this licence. All copies of musical works and sound recordings must
have the following notice:
This recording has been made under a licence from AMCOS and ARIA for educational purposes only.
Title of the musical work
Name of 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 PPCA Universities’ Agreement (the Universities’ Agreement), universities can
make sound and video recordings for use at university events and for educational purposes (that is, activities
associated with a course of study or research) and make music available via a password-protected and loginprotected intranet site. Recordings can be made in any format and can include live and pre-recorded music.
Sound recordings must be sourced from a legal original (for example, a non-infringing digital download or CD

recording).
In addition, universities can supply sound and video recordings made under the licence to the university
community. Universities can charge for such supply, if the charge is limited to recovering the costs of making
the recordings. Recordings may not be sold for profit without further licensing. Universities may also upload
sound and video recordings made under the licence to any password-protected learning management system
or shared drive for access by staff and students.

Marking requirements for the Universities’ Agreement
When making copies of recordings under this licence, the following copyright notice must be used on or with
the recording:
This recording has been made by the [ ] University under the express terms of an educational licence
between it, AMCOS and ARIA and may only be used as authorised by [ ] University pursuant to the terms
of that licence; and
(i)
the title of each musical work;
(ii)
the name of each composer, lyricist and arranger; and
(iii) if the recording contains an ARIA Sound Recording, the artist/group name and the name

of the record company or record label.
For further details, contact your university’s copyright officer or Universities Australia, and see the APRA
AMCOS website (apraamcos.com.au).

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