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2.7 Television and Radio Broadcasts

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Overview
In this section:

The broadcast right is separate to any copyright in the filming of a live event or of an interview. For example the live televising of a football match or a broadcast of an interview with the Prime Minister will be protected as a broadcast under the Copyright Act.

Copying and Communicating Broadcasts

In general, copyright in a broadcast will not be infringed where the copy or communication is done:

  1. Fair Dealing 

    The copying of a broadcast for fair dealing purposes is free and does not require the permission of the copyright owner. The fair dealing exceptions most relevant for educational institutions and students are:

    • research or study - eg student taping a news items as part of research for a school assignment or student making a pastiche of extracts of a broadcast as part of their studies
    • Criticism or review - eg a student taping a range of news items on the same issue to compare different news reporting for a critical essay or presentation
    • Parody or satire – eg a student copying and re-using an extract from a television show or television advertisement to parody or make a satirical point in a classroom presentation.
  2. Educational exceptions
    1. Playing a television or radio broadcast in class

      Copyright is not infringed by a teacher or student playing a show or advertisement copied from a broadcast in class (eg showing the ABC News on a television in the classroom).

    2. Communicating a television or radio broadcast for classroom performance

      Schools/TAFE institutes are allowed to communicate TV and radio broadcasts to facilitate classroom screening/listening (eg playing a television show using a centralised electronic reticulation system or making a program available in a virtual classroom).

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  3.  Statutory Broadcast Licence 

    Part VA of the Copyright Act provides a special Statutory Licence which allows educational institutions to reproduce and communicate off-air copies of television and radio broadcasts, as well as any free-to-air television program that has been made available on the broadcaster's website (eg a podcast of 'Behind The News' on the ABC's website) . Any copying/communication must be for educational purposes.

    See Education Licence A: Statutory Broadcast Licence for further informatio

  4. Other relevant issues for television and radio broadcasts
    1. Resource Centres

      Copies of broadcasts may also be obtained from the following Resource Centres:

      Enhance TV: www.enhancetv.com.au

      RMIT Publishing: www.rmitpublishing.com.au

      Tape Services SA Curriculum Resources Unit: www.tapeservices.sa.edu.au (for programs broadcast in Adelaide only)

      Integrated Help Services Section, Queensland University of Technology: www.ihss.qut.edu.au (for programs broadcast in Brisbane only)

    2. Taking photographs of a television screen

      Taking a photograph of a television screen may be an infringement of copyright in the:

      • actual television broadcast
      • the television program (protected separately as a film under copyright)
    3. Playing the television or radio in class

      It is not an infringement to play the television or radio as part of the class instruction or course.

    4. Playing the television or radio in the staffroom or other public areas of the educational institution

      You need permission from APRA to play the television or radio in the staffroom or other public area.

    5. Copying radio or television programs from the Internet and Webcasts

      Schools and TAFE institutes can copy webcasts and podcasts of free-to-air programs on the broadcaster's website. The Statutory Broadcast Licence does not allow schools and TAFE institutes to copy or communicate on-line versions of subscription TV and radio programs (eg a download of a Foxtel program) or any material that has not previously been broadcast on television such as extra scenes, or a podcast made to accompany the show.

    See also FAQs: Television and Radio Broadcasts

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