Copyright for Educators, Cycle 2 - Mar 2010

Questions (to be answered by each group)

1. Which of the above material is protected by copyright and under what category of work or other subject matter?

There are a number of issues that I can see with this scenario – it’s the “lack” of information that is provides to use (the assessors). Here are my issues

1. Extracts from Charles Darwin's personal diaries and notebooks

Are these personal diaries and notebooks published and if so when were they published, and how much was used (more then 10%)

1. Images of Darwin etc from website

The presentation is a collection of what I’m assuming “out of copyright” materials ending in 1882 with the death of Darwin. There is no supporting documentation on the presentation (referencing) to where the images came from

1. Extracts from Darwin's book "the Origin of the Species

What is the edition of this book is it still covered by copyright. If it’s an edition that is covered by copyright have they used a reasonable portion?  
 

1. Genetic Code Chart

This information is very generic, it could be common knowledge, there is no additional information on the chart (branding)

1. A clip from the BBC TV science documentary series “Life" with David Attenborough she taped from television.

This is a free to air broadcast she can use all of the clip or part, she will need to label the resource with the labelling requirement as set out by screenrights

1. Clips from the film " Creation

Was this a free to air broadcast if so she can use the entire clip or part, if it was not broadcasted in Australia and you wanted the clip you could rely on section 200AB of the Copyright Act?
Alternatively you can source the resource from ClickView is your school is aligned with ClickView or order the resource through tape services Australia.
If it’s a purchased DVD you cannot use if it has a tamper device on the DVD.
 

1. Her own original drawings and photographs of animals, trees and fauna

The IP of the resource belongs to the department as this resource was made in the course of her employment, teacher holds the Moral rights. If the works were done in her own time she would need to assign her IP to the education department before inserting into her course  

1. Her own original quizzes, research, teaching notes and text about Darwin

The IP of the resource belongs to the department as this resource was made in the course of her employment, teacher holds the Moral rights. If the works were done in her own time she would need to assign her IP to the education department before inserting into her course  
 

1. Is Zanele Dube’s resource protected by copyright? Why or why not? 

The resource was originally developed for educational instruction; this resource relies on a number of statutory licences, including the statutory text and artistic licence and the statutory broadcast licence. The resource also relies on special exemption – section 200AB of the copyright Act (fair dealing or flexible dealings).
If the resource is taken out of that context and purchased by a publisher the works above are no longer cover by the licences and flexible dealings. The use Out of copyright works are sill fine to use, however the other elements are copyright infringing
 
 

1. Does she need permission to reproduce any of the above to include in the DVDs she gives to her students?

She would need permission to reproduce the “creation” clip

1. Does the Publisher need permission to reproduce the resource and/or any of the above included in the resource and if so, who are the copyright owners? 

Yes, the Publisher would need permission to reproduce the resource

• Permission from the education department who employs Zanele Dube’s.
• Permission from BBC TV
• Permission from “creation”
• Permission from the family of Charles Darwin if the personal diaries and notebook are not published