Copyright 4 Educators (AUS)

Answers for case study 2 Lime group

Photographic images from the New York Times online newspaper;
 Xuan is able to use the Fair dealing exception for the purpose of research and study to reproduce and communicate the whole of the photographic images (artistic works) for the purpose of completing her seminar paper. According to the Smartcopying website (http://www.smartcopying.edu.au/scw/go/pid/674), under the Fair Dealing exceptions, in the course of research or study, students can use an existing artistic work. On the NYT website is the following statement about use of material from the site.  "However, you may download material from The New York Times on the Web (one machine readable copy and one print copy per page) for your personal, non commercial use only"
 http://www.nytimes.com/ref/membercenter/help/copyright.htmlThe only other issue is that some images on the site may be owned by individuals rather than the NYT and she must rely on the fair dealing exception not the statement on the website when copying these images.

A short article from The Economist;
Xuan is able to use the Fair dealing exception for the purpose of research and study to reproduce and communicate the entire article from The Economist This is outlined on the smartcopying website www.smartcopying.edu.au/scw/go/pid/1016/cache/offonce/ctnscroll_guidelinesContainer/1_2

Some extracts from UK Government's Stern Review on the Economics of Climate Change which is over 500 pages long;  
Using the fair dealing exception for the purpose of research and study Xuan can in the case of this literary work copy, 10% of the pages of the work or if the work is divided into chapters, up to one chapter. See link above.

A chapter from the book The Weather Makers: the History and Future Impact of Climate Change by Tim Flannery.
 Again using the fair dealing exception for the purpose of research and study Xuan can in the case of this literary work, copy up to one chapter if the work is divided into chapters, See link above.
 
She also intends to play a short extract from a documentary film on Climate Change Sceptics as part of her seminar presentation to the class. 
According to the smartcopying website  
http://www.smartcopying.edu.au/scw/go/pid/1016/cache/offonce/ctnscroll_guidelinesContainer/1_2
 
“...the Copyright Act is silent on how much a student can copy for their use to be ‘fair’.  This means that no guidance is provided on how much of: - A sound recording, film/moving image or broadcast can be used by a student under fair dealing for the purpose of research or study” But then goes on to say  “As a general rule, students should only copy what is necessary for the fair dealing purpose to ensure that their use is ‘fair’. In most cases, this will only be an extract of the work and not the whole work.” As this is a required part of here assessment and is a short extract from the film I would say it would be within the guidelines of fair use, The only other information missing is where she obtained the film from, this is not clear and may affect the use in the classroom had she hired it from a commercial library where the contract of use specifically forbids any use that is not ‘personal” or which specifically excludes use in an educational setting.

These are the exceptions provided in the Copyright Act that may be relevant to educational use
The Copyright Act provides five different forms of exception for educational institutions or students to rely on to freely copy material. They are
Fair dealing and other statutory exceptions –“Teachers and students can copy and communicate limited amounts of works under “fair dealing””.
Flexible dealing – “This exception allows teachers to use copyright material in narrow circumstances for the purposes of educational instruction. Teachers are not allowed to use this exception if another exception or Statutory Licence applies”
Educational exceptions allow the use of some copyright material in classrooms and no charges are made for the use of this material, details are at
http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/668/ctnscroll_guidelinesContainer/1_1
 
Other exceptions apply to the use of artistic works and computer programs details are at
http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/668/ctnscroll_guidelinesContainer/1_2
 
Statutory Licence schemes such as The Statutory Text and Artistic Licence which permits educational institutions but not students to make multiple copies of literary, dramatic, musical and artistic works for educational purposes and The Statutory Broadcast Licence which permits educational institutions to copy and communicate radio and television programs.