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Education Licence A: Statutory Broadcast Licence

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Frequently asked questions


Can I make digital copies under the Statutory Broadcast Licence?

Yes.  Electronic or digital copies (CD, DVD, USB, mp4, etc) may be made from:

  • broadcasts of free and pay radio and television programs; and
  • online television webcasts and podcasts of free-to-air programs on the broadcaster's website.


Can copy programs be made digitally available for students to access?

Educational institutions covered by a remuneration notice can upload a Copy Program to a password protected share drive, intranet, content or learning management system or external platform (Clickview, Functional Solutions or Kanopy) for students to access for educational purposes.

If a Copy Program is communicated, the school or TAFE must take reasonable steps to make sure that the broadcast can only be accessed by staff and students.


How long can a Copy Program stay on a school or TAFE
institute’s password protected share intranet Internet or learning management system (LMS)? 

There is no formal time limit for how long a Copy Program can stay on an intranet or LMS.  However any copy that stays on an intranet or LMS for more than 12 months must be paid for again.  Online copies that are accessible by students and staff for more than 12 months incur anniversary copying fees.  See SmartCopying Tips below.


Can I make a preview copy before deciding whether to use it in class?

An educational institution may make preview copies of television and/or radio programs. There is no requirement to mark preview copies. However the educational institution has 14 days from the day they made the copy, to decide whether it intends to use or keep it for educational purposes.

If the educational institution decides to keep the preview copy, it must mark it in the required manner.

If the educational institution decides not to use or keep the preview copy, it must delete the copy otherwise it will not be considered to be a preview copy.


Can I lend or borrow copies to or from another institution?

Copy Programs may not be sold or supplied for profit.

Copy Programs may be loaned to another educational institution if the institution is covered by a remuneration notice or is covered by a remuneration notice issued by your administering body. See above: Educational Institution must be covered by remuneration notice.


Can I purchase or request a Copy Program from a resource centre?

Yes you can purchase or request a copy program from a resource centre, provided your educational institution has issued a remuneration notice or is covered by a remuneration notice issued by your administering body.  See above:  Educational Institution must be covered by remuneration notice.

Set out below is a list of resource centres:

ClickView:                                http://www.clickview.com.au

Enhance TV:                            www.enhancetv.com.au

TV4Education:                         www.tv4education.com

QUT Tape Copying Service:     http://www.itservices.qut.edu.au/avservices/avrecording.jsp

ResourceLink:                          email: mtucker@bne.catholic.edu.au
(Copies are only supplied to Brisbane Catholic schools)     

Informit                                       http://www.informit.com.au/tvnews.html

Understanding Faith                   http://www.understandingfaith.edu.au  

Can I make a copy for another educational institution?

Copy Programs may be made on behalf of an educational institution requesting a copy, provided it is covered by a remuneration notice issued by the educational institution or a body administering the educational institution.

Will we have to participate in a copyright survey?

Schools and TAFEs are no longer required to participate in copyright surveys for the Statutory Broadcast Licence. Resource Centre records from Clickview, Functional Solutions, Enhance TV, etc are used to distribute licence income to rights-holders.

Other issues under the Statutory Broadcast Licence

Disability copying

The Statutory Broadcast Licence allows institutions assisting persons with an intellectual disability to copy or communicate any copy of a television or radio broadcast.

Library copying

Non-profit libraries (including libraries within an educational institution) may copy videos, CD-ROMs or DVDs to:

  • replace lost or stolen items from their collection;
  • replace copies that have been damaged or have deteriorated;
  • ·obtain an item that is not commercially available.

Copies may be made from existing copies either by the library or library acting on its behalf.

Playing a television or radio in the staffroom or other public areas of the school or TAFE Institute

You need permission to play the television or radio in the staffroom or other public area when it is not for an educational purpose. This is not covered by the Statutory Broadcast Licence.  A public performance licence will also be needed from APRA and PPCA to cover any music and sound recordings included in television or radio programs.


 

SmartCopying Tips

Cost Burden

Your educational body pays fees for the copying of radio and television programs under the Statutory Broadcast Licence. To minimise the costs payable under this licence, it is good practice to:

  1. Link to or embed to free to air television and radio programs (eg: ABCiview; SBS On Demand; PLUS7; 9Jumpin; tenplay) where possible rather than making a copy. Linking and embedding are not copyright activities because you are not actually copying the program, only providing an address to its location on another website. As a result, providing links to material on external websites or embedding content are good ways of managing copyright.
  2. Remove the copy program from your password protected share drive, intranet, content and learning management systems as soon as access by students and staff is no longer required. If your copy programs are made available to access from password protected share drives, intranet, content or learning management systems or cloud storage for over 12 months, a further anniversary fee is payable.This is known as ‘anniversary copying’. See ‘Clear out content regularly’ below for further information.

 

Managing the Cost Burden

Clear out content regularly

One practical way of managing anniversary copying costs is to clear out content that has been copied under the Statutory Broadcast Licence at the end of each year, ie before 31 December. This can be done in two ways:

  1. Delete material
Material that the school no longer requires for educational purposes should be completely deleted. This will assist in minimising the storage burden on the school as well as ensuring that the school is not incurring anniversary copying fees for material it no longer needs.

  1. Automatically archive material

Material should be archived where the school expects to use the material again for educational purposes in the future.

Archiving involves moving the material into a closed area on the share drive, intranet, content or learning management system or cloud storage or elsewhere online where it can only be accessed by one person, such as the school librarian, ICT Manager or teacher who uploaded the material for student and staff access in the first place. Restricting access to the material will ensure that the school is not incurring anniversary copying costs.  If the material can still be accessed by, for example, all library staff or even all staff this will not be considered "archived" for the purposes of the Broadcast Statutory Licence.

Archiving material can be done technically by tagging content copied to the password protected share drive, intranet, content or learning management system or cloud storage under the Statutory Broadcast Licence in a certain manner so that it can be easily identified and archived accordingly at the end of the year. The material can remain stored in the closed area until it is required again for educational purposes and is made available via a password protected area to students and staff.

 

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