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1.13 Copyright exceptions

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    1. Parody or satire  

      A student/teacher may copy or communicate parts of a work or audio-visual material for the purposes of parody or satire.

      Parody is defined as a humorous or satirical imitation of a serious work, a caricature, or a poor imitation of something designed to ridicule it (eg a 'take off').

      Satire means the use of irony, sarcasm or ridicule in exposing vice or folly.

      An example of parody might be students re-working a television advertisement to ridicule it. An example of satire might be students using part of the television advertisement in a PowerPoint presentation to make a satirical point about an issue related to the advertisement (eg using a fast food commercial to make a satirical point about childhood obesity levels).

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  1.  Flexible dealings

    A new flexible dealing exception was introduced into the Copyright Act in 2007. 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 (eg if the teacher is already allowed to make a copy of a work under the Statutory Text and Artistic Licence).

    Some examples of the uses allowed by the flexible dealing exception include:

    • format shifting a film on VHS to DVD where it is not possible to buy the film on DVD and the DVD is needed for teaching purposes
    • making a captioned version of a program where a captioned product cannot be bought and you need to show the program in class
    • translating a chapter of an Australian novel into Spanish to study in a Spanish class

    If a work is protected by a technological protection measure, you may not be able to use the flexible dealings exception.

    For further information, see information sheet "The New Flexible Dealings Exception: What am I allowed to do?"

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  3.  Educational Exceptions

    There are a number of exceptions where no payment is required for educational use of copyright material:

    1. Performance of works and audio-visual material in class

      Students/teachers can read or perform a literary, dramatic or musical work and play sound recordings and films in class, where it is done:

      • in the course of education and is not for profit; and
      • the people in the audience or class are giving or receiving instruction or are directly connected with the place where instruction is given

      This does not include performances to parents, school excursions or for fundraising activities.

    2. Communication of works and audio-visual material to a class 

      Schools/TAFE institutes can now communicate all works and audio-visual material to classrooms to enable classroom performance using new technologies:

      This means that teachers can:

      • use electronic reticulation systems to transmit television programs or films from a central DVD player to a monitor in a classroom
      • use virtual classrooms for distance education to show copyright materials to external students
      • display and project material for classroom use (eg in a PowerPoint presentation)
      • use electronic whiteboards in classrooms
      • stream material from the Internet or an intranet in class

      This exception does not cover placing content onto an intranet or the Internet unless it is for the purpose of showing that material in class. We recommend that such material is removed at the end of the lesson or not longer than 14 days after the classroom use.

      It is important to note that to communicate material digitally will often involve making a digital copy first. In general, the making of this copy will be permitted by an exception or Statutory Licence, but you should check to make sure.

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    3. Copying by hand

      A teacher or student may copy an artistic, dramatic, musical and literary work for instructional purposes or use in the classroom. This exception applies to copying a work onto a:

      • piece of paper
      • white board
      • blackboard
      • overhead transparency

      There are no limits on how much may be copied, adapted, translated or arranged by hand.

      Examples of works copied by hand include:

      • diagrams or plans
      • poems
      • musical notation and lyrics.

      Any subsequent machine copying (eg photocopying or scanning and printing by a school or TAFE) can be done:

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