home ›› copyright guidelines ›› Library and Disability Copying ›› 3.2 Assisting children with disabilities

3.2 Assisting children with disabilities

| Back to Table of Contents | Next Page

The Statutory Broadcast Licence and the Statutory Text and Artistic Licence of the Copyright Act provide a special Statutory Licence for assisting persons with disabilities:

  • Part VA of the Copyright Act provides a special Statutory Licence that allows institutions to copy and communicate radio and TV broadcasts to assist persons with an intellectual disability
  • Part VB of the Copyright Act provides a special Statutory Licence that allows institutions to copy and communicate material to assist a person with a print or an intellectual disability

A brief outline of the Statutory Licences applicable to these institutions is set out below.  For further details on these schemes and compliance procedures, see:

Education Licence A: Statutory Broadcast Licence

Education Licence B: Statutory Text and Artistic Licence

There is also a flexible dealings exception to enable schools/TAFE institutes to assist people with disabilities.

  1. Part VA - Intellectual Disability Licence

    Part VA of the Copyright Act provides a special Statutory Licence which allows institutions to reproduce and communicate off-air copies of television and radio broadcasts to students for the purpose of assisting persons with an intellectual disability.

    Who does the Statutory Broadcast Licence cover?

    The scheme covers institutions which:

    • copy from radio and television
    • communicate the material to persons with an intellectual disability (via email, intranet or secure website)

    See Education Licence A: Statutory Broadcast Licence for further information

    Back to top

  2. Part VB - Print Disability Licence

    Educational institutions may copy or communicate a literary or dramatic work for the purpose of helping a person with a print disability.

    A person with a print disability is a person:

    • without sight
    • whose sight is severely impaired
    • unable to hold or manipulate books
    • unable to focus or move his or her eyes or
    • with a perceptual disability.

    It does not include persons who have general learning difficulties, or those for whom English is their second language.

    What does the Print Disability Licence cover?

    Under the Licence, educational institutions may make &/or communicate a:

    1. Sound recording (recording the work onto tape, disc or any other device that records sounds)
    2. Braille version
    3. Large print version
    4. Electronic version
    5. Photographic version

    of a literary or dramatic work unless a new sound recording, Braille, large print, electronic or photographic version of the work is available for purchase within a reasonable time. 

    Extends to 'temporary’ or ‘master’ copies

    The Print Disability Licence permits educational institutions to make:

        1.    'Temporary' or 'master' copies of a work; and/or
        2.    Communicate a work

    for the purposes of producing a version of the work for a print disabled reader. These are referred to as 'relevant copies and/or communications'

    There are specific marking and notice requirements for these copies and/or communications.

    Notice Requirements for 'temporary' or 'master' copies

    Within three months of making the relevant copy and/or communication, a notice must be sent to the Copyright Agency Limited (CAL), the collecting society responsible for administering the Part VB Licence.

    This notice must contain the following information:

        1.    The name of your administering body
        2.    The name of the work you have copied
        3.    The date which the copy was made and/or communicated

    The notice can be sent to:  info@copyright.com.au

    We suggest the following notice email template be used:

    Dear,

    Re:  Notice of relevant reproduction or communication under s 135ZQ (4A) of the Copyright Act 1968

    This email serves as notice that (insert name of administering body) has copied and/or communicated the following work for the purpose of producing a version of this work for a print disabled reader:

    Title of Work:

    Author:

    Publisher:

    The copy and/or communication was made on (insert date of copy and/or communication).

    Regards,

     


    Marking Requirements for 'temporary' or 'master' copies

    Temporary or master copies in hardcopy format must be marked with the following information:

        1.    The name of your administering body
        2.    A reference to section 135ZQ of the Act
        3.    The day on which the copy was made

    For example:

    Copy made for (insert name of administering body) under section 135ZQ of the Copyright Act 1968 on (insert date copy was made)

  3. What is not covered by the Print Disability Licence?

    The Print Disability Licence does not cover the copying and communication of

         a.    artistic works
         b.    musical works
         c.    literary or dramatic works that are available in the required format.

    Limits on copying under the Print Disability Licence

    An educational institution may copy the whole of a literary and dramatic work provided:

         1.    the copying is made to assist the Print Disabled reader and 
         2.    the work is not available in the required format.

| Back to Table of Contents | Next Page