Gold Group assignment 3
 
 
1    Is Francsesca permitted to make multiple photocopies of a chapter of a textbook and in what circumstances? Consider any exceptions or compulsory (ie blanket) licence schemes that may apply.
 
Yes, Francsesca can use the Statutory text and artistic licence Part VB which allows schools to make multiple copies of a reasonable portion of a text work. A 'reasonable portion' is either 10% of the pages in the work or one chapter, whichever is greater. She needn't place a notice on the copies unless she converts them into electronic form. The EUS rules do not apply because she is making multiple copies, presumably in hard copy, not using smart board or another electronic means.
She can't use the flexible exception because Part VB covers the use.
 
2          Is she allowed to download and copy images from the Internet to present on an interactive smartboard to her class?
 
Yes she can do it using either the Statutory Licence Part VB or flexible dealing, or she can choose free for education material.

Copying images from the Internet is covered by Statutory Licence Part VB. The electronic use rules (EUS) will apply. The electronic copying rules apply to source material in electronic form. The EUS allows schools/TAFE institutes to copy and communicate all of an artistic work. (Smartcopying:http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/700/ctnscroll_guidelinesContainer/1_1)
 
If the images are copied under Statutory Licence Part VB, it is advisable to clear them from the school’s repository on an annual basis to avoid an unnecessary cost burden as copies reproduced under the EUS component of the Statutory Licence Part VB will be subject to a second charge if stored for longer than 12 months.
 
However, so long as the material is only used for the classroom purpose and not then stored, the use will be a free exception under Section 28 of the Copyright Act as explained in the information sheet Performance and Communication in Classhttp://www.smartcopying.edu.au/scw/go/pid/544There is some overlap between what schools are allowed to do under section 28, the statutory licences and the new flexible dealings provision in section 200AB. A table in the information sheet explains that for one-off use with no storage the images may be used free.
 

If Francsesca chooses Internet sites that are free for education or marked NEALS (National Educational Access Licence for Schools), she needn’t rely on the Statutory Licence, but if there is no statement that specifically allows a teacher to copy them freely, then the use will be subject to the statutory licence or flexible dealing.
 
3          Is she allowed to include copied music recordings in her PowerPoint presentations to her class?
 
If the copied music in the PowerPoint presentations is to be analysed by the students, or in some way it has an educational purpose, she may use it.
 
Where the copied music is for performance to the class and multiple copies are not being made, the use would be under the flexible dealing exception.
http://www.smartcopying.edu.au/scw/Jahia/lang/en/pid/668
 
 
The APRA/AMCOS/ARIA licence would apply if multiple copies of the presentations were to be made for distribution to the class, perhaps for taking home to study. The voluntary APRA/AMCOS/ARIA licence allows copying of musical works and sound recordings for non-commercial educational purposes. http://www.smartcopying.edu.au/scw/go/pid/726
 
 
4          Can she make a compilation of short extracts from DVDs of films and/or copy broadcasts from television to teach her class?

Under the flexible dealing allowed by the new section 200AB the use may be allowed
http://www.smartcopying.edu.au/scw/Jahia/lang/en/scw/go/pid/542
However, Francsesca cannot copy any portion of a film if making the copy would involve the circumvention of an access control technologyhttp://www.smartcopying.edu.au/scw/go/cache/offonce/pid/522/ctnscroll_guidelinesContainer/1_0
If she can be certain that any Technical Protection Measure is a copy control technology, she may copy.
 
The conditions for using flexible dealing must be met:
 

• using for an educational purpose
• non-commercial use
• narrow use – special case – only taking what is needed
• the material is not available commercially and cannot be obtained in a reasonable time
• not interfering with normal exploitation of the work.
   

Under Education Licence A: the statutory broadcast licence, she is able to copy radio and television programs http://www.smartcopying.edu.au/scw/go/pid/699so long as the purpose is for educational use. It doesn’t matter where she does the copying so long as the use is educational.
 
 
5          Is she permitted to circumvent any technological protection measures attached to the DVD films?
 
She may, if the copying is legal, remove, disable or circumvent a copy control access measure (technological protections measure – TPM - applied to copyright content which prevents, inhibits or restricts the doing of a copyright act with that content, e.g, making a copy of a protected film, emailing it or putting it online).


However if it is an access control technology (TPMs which are used by copyright owners to control access to their content) there are only 2 situations where she is allowed to remove, disable or circumvent this technology:
a. when removing, disabling or circumventing the access control technology in order to make a copy from a work in electronic form under the Statutory Print Licence (the Part VB licence administered by the Copyright Agency Ltd – CAL); or
b. if she has obtained permission from the copyright owner. .
http://www.smartcopying.edu.au/scw/go/cache/offonce/pid/522/ctnscroll_guidelinesContainer/1_0
 
It is probably better to err on the side of caution in assessing the legality of circumventing TPMs, as it is quite difficult to determine the difference. Each case must be analysed against the technical definitions in the Copyright Act to determine whether it is an access control technology or a copy control technology. (see the Smartcopying information sheet on TPMs above).