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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

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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 a sound recording of a literary or dramatic work.  This includes recording the work onto paper, tape, disc or any other device that records sounds
   • make or communicate a Braille version of a literary or dramatic work where no new Braille version is available within a reasonable time at an ordinary commercial price
   • make and communicate a large print version of a literary or dramatic work where no new large print version is available
   • make a photographic version of a literary or dramatic work where no new photographic version is available.

   Extends to 'temporary’ or ‘ephemeral’ copies

   The Print Disability Licence permits educational institutions to make temporary copies for the purposes of producing a version of the work for a print disabled reader. The temporary copy must be destroyed within 3 months of the day on which it was made.

   What is not covered by the Print Disability Licence?

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

   • artistic works
   • musical works
   • literary or dramatic works that are available in the required format.

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   Undertaking to CAL

   Educational institutions who wish to copy under this licence must provide CAL with a written undertaking to pay for the copies of communications made.

   Notices

   Sound recordings of works and communications of works must be accompanied by a notice which notifies users that the works have been copied under the Intellectual Disability Licence.

   Marking requirements

   Copies made under the Print Disability Licence must be marked in a certain manner.  The marking of the relevant copy applies to the temporary or ephemeral copy used to make the print disability recording or other version.  The marking requirements do not apply to the actual final print disability version.

   Limits on copying under the Print Disability Licence

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

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

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