Week 5 - Educational Exceptions

Key words: fair dealing, flexible dealing, copyright exceptions, educational exceptions, Digital Rights Management (DRM) and Technological Protection Measures (TPM), anti-circumvention of DRM/TPM

You’ve heard through the grapevine that under certain circumstances:

  • it's completely free to use copyright material in the classroom;
  • the use isn't subject to the statutory licences;
  • AND you still don't have to get prior approval from the copyright owner.

But you aren't confident in the circumstances. With the week 5 Readings and these tasks you’ll learn how to use smartcopying practices and educational exceptions that will allow you to use copyright material without the need to seek permission from the owner

Remember this week is focusing on copyright exceptions. Last week you mastered statutory licences, so it isn't necessary to assess this week's questions under the statutory licences.

Please post (ie copy and paste) your answer in this week's google folder, under your group's number, by the end of Sunday December 06 and finish your peer review by the end of Tuesday December 08.

Samantha is an educator who is trying to figure out what she can and can't do with her classroom's digital technology. She would like to do the following:

  • format shift old VHS tapes to DVDs when the old VHS tapes can not be purchased commercially as DVDs;
  • stream a Youtube clip on the smartboard;
  • play her own DVDs to the students through the DVD player;
  • make her own resources such as a compilation of short film clips copied from DVDs and television broadcasts to assist in her teaching;

She is not sure whether she is allowed to do any of the above under copyright law and is concerned that she may be breaking the law.

Questions (to be answered by each group):

Note: If you need additional information to answer any of these questions, identify that information and how it would influence your responses. Please focus your answers on copyright exceptions and not statutory licences.

  1. Is Samantha permitted to format shift the VHS tapes to DVDs? If she is permitted to do this, are there any conditions or restrictions?

  2. Is she allowed to play the Youtube clip in class on the smartboard?

  3. Is she allowed to use the DVDs in class?

  4. Can she make a compilation of short extracts from videos or films and/or copy broadcasts from television to show to her class for teaching purposes?

  5. Is she permitted to circumvent any technological protection measures attached to the DVD films?

Questions to assist your understanding (not to be answered)

  • What is a copyright exception?
  • What is fair dealing? Identify the different purposes for fair dealing.
  • What is flexible dealing?
  • What are the differences between fair and flexible dealing?
  • How much of a work can be copied under fair dealing? How much can be copied under flexible dealing?
  • What other exceptions apart from flexible and fair dealing are available for educational use?
  • Can all exceptions be used by all people?
  • What is a technological protection measure?
  • Is there a law against anti circumvention in your jurisdiction? If so what educational activities might it prevent?


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