Week 5 - Educational Exceptions

Key words: fair dealing, flexible dealing, copyright exceptions, educational exceptions, Technological Protection Measures (TPM)

You’ve heard 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 don't need to first get permission from the copyright owner.

With the Week 5 Readings and these tasks you’ll learn how to use educational exceptions and smartcopying practices that will allow you to use copyright material without the need to seek permission from the owner.

Please post (ie copy and paste) your answer in this week's google folder, under your group's number, by the end of Sunday 17 March 2019 and finish your peer review by the end of Tuesday 19 March 2019.

Important notes:

  • This week we are focusing on the copyright exceptions that allow educators to play audio and audio visual material to a class or copy and communicate audio and audio visual material to a class.
  • Remember this week is focusing on copyright exceptions that are in addition to and separate from the statutory licences or voluntary music licences.
  • This week’s assignment focuses on activities covered by copyright exceptions not licences.
  • As such do not refer to the statutory licences or the voluntary music licences (ie educational licences A-E on the Smartcopying website: http://www.smartcopying.edu.au/copyright-guidelines/education-licences-(statutory-and-voluntary-licences)).

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 a VHS to DVD, where a DVD may be purchased commercially;
  • format shift a DVD into an electronic file (eg MP4) to upload onto her school’s intranet/Learning Management System to play to her class;
  • create a teaching resource that includes short clips of film;
  • play music or a film from Itunes to her class via an interactive whiteboard or flat panel;
  • stream a Youtube clip on the smartboard to her class;
  • play her own DVDs to the students through the DVD player;
  • Copy a storybook and modify it by changing the size of the text and the contrast of the colours for a student who is visually impaired;
  • Caption videos for students with hearing disabilities.
  • Copy a clip from a film and provide students access to it for use in an online exams.

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.

Review each of the above activities and answer the following

  1. Is this activity covered by an exception?
  2. If so, please specify which one.
  3. Are there any other restrictions that may limit the application of the copyright exception relied on?

Questions to assist your understanding (not to be answered)

  • What is a copyright exception?
  • What is 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 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 circumvention of TPMs in your jurisdiction? If so what educational activities might it prevent? Are there any exceptions to the law?


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