Copyright 4 Educators (AUS)

1. What exceptions, if any, would allow Xuan to reproduce any of the above material? Please include how much of a resource and under what conditions.

As writing the seminar is part of her course of study, Xuan would be allowed to reproduce all of the resources under the fair dealing exception of the Copyright Act which enables students to copy and communicate a reasonable portion of works for the purposes of research or study. In addition the Stern Report would be able to be printed in full as the report has a 'worldwide, royalty-free, perpetual, non-exclusive licence to use the Information subject to the conditions' which include she provides an attribution statement specified by the Information Provider and, where possible, provides a link to this licence. Under the Fair dealing exception the resources would be deemed a reasonable portion as follows:
• 10% of the number of pages. (Some extracts from UK Government's Stern Review on the Economics of Climate Change which is over 500 pages long)
• One chapter if the work is divided into chapters. (A chapter from the book The Weather Makers: the History and Future Impact of Climate Change by Tim Flannery)
• An article from a journal provided the extracts copied are necessary for the student’s research or study. (A short article from The Economist)
• Copying of an artistic work for fair dealing purposes (research and study) is free and does not require the permission of the copyright owner (Photographic images from the New York Times online newspaper)
In all cases it is important that Zuan always attribute the author and publisher where the source is known.

2. Is she permitted to play 5 minutes of the DVD to the class as part of her presentation?

Under a free exception in the copyright Act (section 28) Xuan may play the DVD to her class as this exception allows teachers and students to play films in class, where it is in the course of education and is not for profit and the people in the audience or class are giving or receiving instruction.

3. List the exceptions provided in the Copyright Act that may be relevant to educational use.

Teachers and students can copy and communicate limited amounts of works under “fair dealing”.
Flexible dealing allows teachers to use copyright material in narrow circumstances for the purposes of educational instruction e.g. format shifting a film from VHS to DVD where it is not possible to buy the film on DVD and the DVD is needed for teaching purposes
Educational exceptions which include performance of works and audio-visual material in class and communication of works and audio-visual material to a class, copying by hand, copying for exams and proxy caching.
Other exceptions including permission to paint or photograph works in public places, the use of an artwork in the background of a student’s film or television program and back up copies of computer programs
Statutory Licence schemes : Statutory Broadcast Licence, B: Statutory Text and Artistic Licence (both TAFE and Schools), APRA Licence, AMCOS Licence AMCOS/ARIA/APRA Licence
Some further exceptions which would be relevant to education include:
Employment - copyright in works made by an employee in the course of employment under a contract of service is usually owned by the employer (eg course materials produced by a teacher for use in the classroom will generally be owned by their employer, such as a Department of Education, the Catholic Education Commission or an Independent School).
Commissions - where an educator commissions artwork for an educational purpose, (e.g photographs for a school magazine) the creator retains the copyright therefore any other uses would need to be negotiated
Co-authorship - copyright may be owned by several authors jointly, this would effect teachers who collaborate with others (outside their normal employ)
Crown copyright – particularly relevant to State school teachers.
Performer’s rights in sound recordings, where the teacher is the performer and school is the record company