• Font size:
  • icon_text_smaller
  • icon_text_larger
  • Share:
  • Share
  • Print Page:

Delivering Teaching  

 

 

 

 

 

 

 

Parts VA and VB of the Copyright Act provide for special licences for universities in order for staff to be able to use copyright material for educational purposes only. These licences are also referred to as remuneration agreements, as they require that copyright owners be remunerated for this use.

The University has three such licences:

  • For print copying, the University has signed agreements with the Copyright Agency Limited (CAL). The University pays an annual licence fee based on a sampling scheme to CAL. There are agreements to cover both EFTSU and non-EFTSU courses.
  • For copying of television and radio, the University has signed an agreement with Screenrights. The University pays an annual licence fee based on a sampling scheme to Screenrights. Copyright requirements must be complied with in both EFTSU and non-EFTSU courses.
  • For copying of music and sound, the University has signed an agreement with a number of music societies. The University pays an annual licence fee for copying music for educational purposes. Copyright requirements must be complied with.

(a) Copying Under the CAL Licence

The licence allows copying of print and graphic works for educational purposes within limits. Copying beyond these limits is not authorised. Sheet music may also be copied within the copying limits. Copying includes photocopies, slides and transparencies.

You can make as many copies as you need for educational purposes eg. if there are 40 students in a subject you can make 40 copies.

Copies may not be sold to students with the deliberate intention to make a profit.

Copying Limits

  • Books and Other Separately Published Works
    In relation to works of 10 or more pages 10% of the total number of pages in that edition or one chapter of that edition whichever is greater.
  • Periodical Publications
    The whole or part of an article contained in any issue of a periodical publication (including newspapers and magazines) may be reproduced. The whole or part of two or more articles contained in any issue of a periodical publication may be copied if those articles relate to the same subject matter eg. two articles about the Wik case from a legal journal.
  • Artistic Works
    An artistic work may be copied in whole or part if:
    that artistic work accompanies a literary or dramatic work for the purpose of explaining or illustrating the literary or dramatic work. Either the artistic work alone may be copied, or the artistic work, plus the accompanying text, provided the text has been copied within the limits;
    or
    that artistic work is not separately published If an artistic work has been separately published, no more than a reasonable portion of the work can be copied, unless a new copy of the artistic work cannot be obtained within a reasonable time at an ordinary commercial price.
  • Unavailable Works
    The whole, or part, of a literary, dramatic, musical or artistic work (other than an article in a periodical publication) can be copied if new copies of that work cannot be obtained within a reasonable time at an ordinary commercial price
  • Anthologies
    A work in an anthology may be copied if it does not exceed 15 pages. You can copy any number of such works within an anthology, up to a maximum total of 10% of the total pages of the anthology. A work may also be copied if it has not been separately published. Any number of such works may be copied within an anthology, up to a maximum total of 10% of the total pages.

PowerPoint Presentations

Ensure that you record the details of the source of any third party copyright material in your presentations, even if the amount is insubstantial (i.e. less than 1% of the whole item). This includes extracts of text, images, artistic works, photographs, pictures, tables, charts etc.

Always include a Part VB Copyright Warning Notice at the beginning of your presentation.

Respect the copyright holder’s Moral Rights, and ensure that all sources of copyright material are properly acknowledged.

Marking Requirements

There are no marking requirements for photocopying. However it is good practice to mark the copies with the title of the work, author's name, publisher and date of publication (if known).

Course Packs

Staff members are allowed to make course packs of readings for distribution to students provided the copying of each component is within the limits set by the CAL licence and any charges are based on a legitimate cost-recovery basis. There must be no element of profit when calculating charges to students.

It is preferable, though not compulsory, that such material is sold by Varsity Printing. Staff must prepare a cover for the materials which includes:

    • the name of the department
    • the subject name and number
    • a description of the purpose for which the materials are made (eg. Tutorial Readings, Semester 2, 2000), and
    • a statement in relation to copyright in the following form and size should appear on the front cover:
       

    THIS COMPILATION OF STUDENT READING MATERIAL HAS BEEN MADE IN ACCORDANCE WITH THE PROVISIONS OF PART VB OF THE COPYRIGHT ACT FOR THE TEACHING PURPOSES OF THE UNIVERSITY.

    FOR USE ONLY BY THE STUDENTS OF BOND UNIVERSITY ENROLLED IN THE SUBJECT:






 There should be an acknowledgments page at the beginning of the readings. References should include:

  • name of author
  • title
  • ISBN (if known)
  • publisher (if known)
  • number of pages copied, and
  • number of copies made

Library/Reserve Reading

See "Electronic Copying and Communication"

Handwriting

Staff may copy by handwriting any amount of a work for educational purposes.

Exam/Test Questions

Staff may copy any amount of a work for inclusion in a test or exam question.

Students with a Print Disability

Additional provisions apply if copying for students with a print disability ie vision impairment. Please contact the Copyright Coordinator on x 51523 if this situation applies.

Back to Top

(b) Copying Under the Screenrights Licence

Under Part VA of the Copyright Act 1968 copies of television and radio programs can be made in order for you or someone else in the University to:

  • use the copy to teach University students;
  • make the copy available to University students; or
  • retain the copy in a University library or elsewhere as a teaching resource.

The licence with Screenrights only covers "off-air" copying ie strictly radio or television media. This includes cable and satellite transmissions and podcasts that originated as broadcasts. It does not cover live web-casts or moving images and other sounds sourced from the Internet.

Copies cannot be sold or supplied to anyone for profit. A copy may be loaned to a student or member of staff of Bond University only. Copies may not be loaned to anyone else nor to another institution. If you want to copy a copy of a television or radio program where that copy was made overseas you must seek the permission of the copyright owner.

Who Can Copy?

Staff may copy material either at home or at work. Another person may be able to copy on your behalf provided all requirements under the agreement are met.

If staff have neglected or forgotten to copy material, they may be able to purchase a DVD of the transmission from the QUT Resource Centre which has a licence with Screenrights. See the Television and Radio Copyright page for further information.

Student Copying Under the Screenrights Scheme

Students can copy television and radio programs on behalf of the University provided the copy is made for the educational purposes of the University and is marked in the appropriate manner. However, where a student is copying television and radio programs for his or her own studies, the copy is usually made under the fair dealing provisions of the Copyright Act and not Part VA of the Copyright Act. The fair dealing provisions of the Copyright Act allow a student to make a fair use of an audio-visual work for the purpose of his or her own research or study. 

Copying Bought or Hired Videos

The educational copying scheme outlined above does not apply to copying purchased or hired videos. The University is not permitted to copy pre-recorded material such as purchased or hired videos or sound recordings unless it has obtained written permission to do so from the copyright owner(s). You may be able to copy all or part of such an item if it is for your own personal research or study. 

Performance of a Work in Class

Performance includes all modes of visual or oral presentation of a work to the public such as:

  • Performing a play, or
  • Reading from any literary work
  • Playing recorded music, or
  • Showing all or part of a film

Exceptions to copyright infringement are where copyright has expired or the copyright owner(s) have licensed or permitted the work to be performed or the recording or film to be played or heard. In addition, the performance of a work in class may not be an infringement of copyright if all the following conditions are met:

  • The performance is in the course of giving or receiving educational instruction, and
  • The performance is in a place of educational instruction eg a class, in the presence of a restricted audience. All the people in the audience are giving or receiving instruction or are directly connected with the place where the instruction is given. A person is not taken to be connected with the institution simply because they are related to or are a friend of the student, and
  • The performance is not being conducted for profit. 

Showing a Video in Class

In the matter of hired or purchased videos, distribution policies and practices in the film industry make a distinction between private/domestic use and 'non theatrical' public performance of films which includes use in a classroom. If a hired DVD has a printed notice stating "For Domestic and/or Private Use Only", showing the video in a classroom, while not a breach of copyright, may be a breach of the contract of sale.

There is a way of avoiding this problem:
Staff should identify themselves as teaching staff at the time of hiring/purchase and informing the retailer of their intention to show the video in a classroom setting. If the retailer agrees on those terms, this can be taken to be a verbal contract allowing staff to show the video to students, however, permission in writing is preferable.

 

Back to Top

(c) Copying under the licence with Music Societies

Music Copyright License

Bond University has entered into a license agreement with various music societies negotiated on its behalf by Universities Australia which means that Bond University staff and students are able to copy and use music for educational purposes. Under the agreement Bond University will be able to reproduce, communicate and perform an extensive repertoire of musical works without having to obtain prior permission of copyright holders.

We pay an annual fee to the following collecting societies for access to music and sound recordings of their member artists and producers:

  • Australasian Mechanical Copyright Owners Society (AMCOS)
  • Australasian Performing Right Association (APRA)
  • Australasian Record Industry Association (ARIA)
  • Phonographic Performance Company of Australia (PPCA) 

What the license does cover:

  • Making audio recordings: Bond can make audio recordings of copyright music/sound for educational purposes in any format, provided they are:
    • For analysis by students in a course;
    • Intended to be played at University events; or
    • Of a University event.
  • Making video recordings: Bond can make video recordings which include copyright music/sound for educational purposes in any format, provided they are:
    • Made by students as part of a course and are only played at a University event; or
    • Of a University event.
  • Synchronizing audio and video recordings for educational purposes
  • Communicating and transmitting music on hold
  • Performing in public for educational purposes

 What the license does not cover:

  • Distributing copies of music via the Internet
  • Copying musical scores – restricted to 10% of work under CAL Agreement
  • Downloading music from the Internet
  • Copying cinematograph film or video
  • Broadcasting musical work or sound recordings
  • Copying and performing music (sound or video) in relation to Grand Right Works, Choral works of more than 20 minutes, Dramatic Works, Ballet.
  • Musical works not covered by Music societies party to this Agreement
  • Performing in public where a fee for entry is charged.

 Compliance:

  • Video and audio recordings may be used online as long as the copies are secured behind password protection –i.e. on Intranet (For our purposes, we will not store any digitised music on Bond servers as this requires additional infrastructure that is not justifiable)
  • Recordings can not be downloaded
  • All recordings must be labeled as follows:

This recording has been made by Bond University under the express terms of an educational license between it, AMCOS and ARIA and may only be used as authorized by Bond University pursuant to the terms of that license.

The following information must be displayed on the packaging or with the distribution:

  • Title of each musical work
  • The name of each composer, lyricist and arranger of the musical work; and
  • If the recording contains an ARIA Sound Recording, the artist/group name, and the record company label.

The copyright labels will be available from the Library and from the Centre for Film and TV Office.

Other Music Licenses

Centre for Film and TV obtains copyright clearance for specific pieces of music for student productions to be screened at film festivals and competitions or for sale. For further information, please contact the Centre for Film and TV Office on X 54092.


Contact and further information:

Details of the music license are available on the University’s Intranet under Copyright: http://www.staff.bond.edu.au/libstaff/copyright.htm (On campus Access Only)

For more information, please contact:
Manager, Scholarly Publications and Copyright
Email: antoinette_cass@bond.edu.au