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Online Pay Television and Radio Programs (podcasts and webcasts)

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Link Where Possible

It is important to link to podcasts and webcasts of pay /subscription TV and radio programs from the broadcaster’s website wherever possible. This is because the terms and conditions of the website may not permit copying by teachers or schools for educational purposes. As a result, a teacher may be prohibited by contract from copying podcasts/webcasts of pay/subscription TV and radio programs from the broadcaster’s website.

Linking is not a copyright activity as you are not actually copying the program, only providing an address to its location on another website. As a result, providing links to programs on external websites where possible is a hassle free way of managing copyright.

Where linking is not practical and a copy must be made

Teachers may upload podcasts and webcasts of pay/subscription TV and radio programs onto password protected content repositories under s 200AB of the Copyright Act provided the podcast/webcast can only be viewed by teachers and students who are directly giving or receiving the instruction for which the copy has been made, ie one class as opposed to the entire school.
 
For s. 200AB to apply, the following requirements must be met:

  1. The podcast/webcast is not a pirated copy.

    If the copy is available on the broadcaster’s website, it is unlikely to be pirated copy.
  2. The podcast/webcast is needed for educational instruction.

    Educational instruction includes using the material to prepare for class, to use in a classroom exercise, for compiling resources for homework, research or assessment tasks or any other activity connected with teaching.

  3. The teacher is only copying what is needed for educational instruction.

  4. It is not possible to purchase a copy of the broadcast in digital format.

  5. The use does not prejudice the copyright owner.

    Prejudice to the copyright owner is likely to arise where:

    1. more than what is needed of the podcast/webcast for educational instruction is copied.

    2. the podcast/webcast is not removed from the digital repository as soon as practicable after it is no longer required for class or homework exercises.

    3. the quality of the podcast/webcast is interfered with

    4. the podcast/webcast is placed on a content repository that is open to the public.  Placing the podcast/webcast on a password protected content repository with access restricted to teachers and students of one class only is OK.


Note: While the Copyright Act may permit a copy to be made under s 200AB, many website terms and conditions may not permit copying by teachers or schools for educational purposes. As a result, it is arguable that a teacher is prohibited by contract from copying the film. For this reason, it is important to link where possible.


For further information on s 200AB, see information sheet ‘The New Flexible Dealings Exception: What am I allowed to do?’.

Labelling

It is good practice to label broadcast copies with the name of the program, URL address of the broadcaster’s website and the date it was copied:

eg:  Copied under s 200AB of the Copyright Act 1968
‘Creatures of the Sea’, www.nationalgeographic.com, 10 August 2009

Access

Webcasts/podcasts copied under s200AB can only be uploaded onto parts of a password protected repository that can be viewed by teachers and students of one or more classes who are directly giving or receiving the instruction for which the copy has been made.

Removing - Archiving or Deleting

Webcasts and podcasts copied under s 200AB should be removed from the digital repository as soon as practicable once they are no longer required for educational instruction.

One practical way of ensuring that s 200AB copies are removed from the repository regularly is to tag these copies in a way that enables them to be identified and automatically deleted every few months.
 

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