Copyright issues for DET Copyright issues for DET schoolsschools

Term 3, 2004Term 3, 2004

DET Contact Details about copyrightDET Contact Details about copyright

The information contained in these guidelines has been The information contained in these guidelines has been used from a booklet entitled used from a booklet entitled Copyright for Schools.Copyright for Schools.

Permission has been granted to the Department of Permission has been granted to the Department of Education and Training NSW for the reproduction and Education and Training NSW for the reproduction and modification of the booklet for use in DET schools and modification of the booklet for use in DET schools and TAFE NSW Institutes.TAFE NSW Institutes.

This presentation is an edited version. This presentation is an edited version.

The full documents can be found on the DET The full documents can be found on the DET intranet at:intranet at:

http://detwww.det.nsw.edu.au:80/directorates/admiserv/copyrigh/http://detwww.det.nsw.edu.au:80/directorates/admiserv/copyrigh/word/guidline.docword/guidline.doc

http://detwww.det.nsw.edu.au:80/directorates/admiserv/copyrigh/word/inthttp://detwww.det.nsw.edu.au:80/directorates/admiserv/copyrigh/word/internetcopying.docernetcopying.doc

Additional informationAdditional information

www.copyright.org.auwww.copyright.org.au

www.copyrightaware.gov.auwww.copyrightaware.gov.au

DEPARTMENT OF EDUCATION AND DEPARTMENT OF EDUCATION AND TRAINING (DET) GUIDELINES FOR TRAINING (DET) GUIDELINES FOR

COPYRIGHT IN DET SCHOOLSCOPYRIGHT IN DET SCHOOLS

WHAT IS COPYRIGHT?WHAT IS COPYRIGHT?Copyright belongs to an area of law called Copyright belongs to an area of law called Intellectual Intellectual Property. Property.

Copyright is the legal means by which authors and other Copyright is the legal means by which authors and other creators control the use of their work and their means of creators control the use of their work and their means of earning a living by being able to financially profit from their earning a living by being able to financially profit from their work. Copyright law is contained in a Federal Statute, the work. Copyright law is contained in a Federal Statute, the Copyright Act 1968Copyright Act 1968..

DET COPYRIGHTDET COPYRIGHTDET controls and manages all copyright created by its staff DET controls and manages all copyright created by its staff while under the direction and control of DET. while under the direction and control of DET.

Where staff develop material in their own time or during Where staff develop material in their own time or during working hours, for their employment with DET, then working hours, for their employment with DET, then copyright in that material will belong to DET.copyright in that material will belong to DET.

Staff should not use DET copyright material for private Staff should not use DET copyright material for private purposes such as private tuition unless permission is purposes such as private tuition unless permission is granted for the use of DET copyright for such purposes. The granted for the use of DET copyright for such purposes. The permission should be sought from the Directorate/Unit which permission should be sought from the Directorate/Unit which created the copyright material.created the copyright material.

STAFF OWNERSHIP OF COPYRIGHTSTAFF OWNERSHIP OF COPYRIGHTWhere staff prepare material in their own time for use other Where staff prepare material in their own time for use other than for their employment and using their own resources, than for their employment and using their own resources, and subsequently use that material in the course of their and subsequently use that material in the course of their employment in DET, then DET shall not own the copyright in employment in DET, then DET shall not own the copyright in that material.that material.

STUDENT OWNERSHIP OF COPYRIGHTSTUDENT OWNERSHIP OF COPYRIGHTCopyright of work created by students in the course of their Copyright of work created by students in the course of their studies will belong to the student/s unless an agreement is studies will belong to the student/s unless an agreement is entered into to the contrary between the student and the entered into to the contrary between the student and the school/Institute.school/Institute.Joint class projects will belong to the class jointly unless Joint class projects will belong to the class jointly unless there is an agreement to the contrary.there is an agreement to the contrary.Permissions should be gained from students/parents for Permissions should be gained from students/parents for publishing photographs/works of students for inclusion on publishing photographs/works of students for inclusion on the internet, TV programs, video recordings etc.the internet, TV programs, video recordings etc.

CULTURALLY SENSITIVE CULTURALLY SENSITIVE MATERIAL/INDIGENOUS WORKSMATERIAL/INDIGENOUS WORKSAll DET employees are encouraged to respect and to be All DET employees are encouraged to respect and to be aware of culturally sensitive material/indigenous works when aware of culturally sensitive material/indigenous works when developing DET copyright which may involve the use of developing DET copyright which may involve the use of these works.these works.Permission should be obtained to use the culturally Permission should be obtained to use the culturally sensitive material/indigenous works. To identify ownership of sensitive material/indigenous works. To identify ownership of such material contact can be made with the National such material contact can be made with the National Indigenous Arts Advocacy Association (NIAAA) on telephone Indigenous Arts Advocacy Association (NIAAA) on telephone (02) 9241 3533. The Department’s Aboriginal Program Unit (02) 9241 3533. The Department’s Aboriginal Program Unit can also give advice.can also give advice.

COPYRIGHT LICENCE AGREEMENTSCOPYRIGHT LICENCE AGREEMENTSDET schools are currently operating under five copyright DET schools are currently operating under five copyright licence agreements. These give DET schools certain licence agreements. These give DET schools certain copying rights in the areas of:copying rights in the areas of:PUBLISHED WORKSPUBLISHED WORKS - Copyright Agency Limited (CAL) - Copyright Agency Limited (CAL)SHEET MUSICSHEET MUSIC - Australasian Mechanical Copyright - Australasian Mechanical Copyright Owners’ Society (AMCOS)Owners’ Society (AMCOS)BROADCASTBROADCAST (Radio, television, satellite, cable) - (Radio, television, satellite, cable) - (Screenrights)(Screenrights)PERFORMANCEPERFORMANCE - Australasian Performing Right - Australasian Performing Right Association (APRA)Association (APRA)MUSIC RECORDINGSMUSIC RECORDINGS – AMCOS/ARIA (Australian – AMCOS/ARIA (Australian Recording Industry Association)Recording Industry Association)

DET schools do not need to have individual licences to DET schools do not need to have individual licences to any of these collecting societies. A licence is organised any of these collecting societies. A licence is organised centrally by the Manager Copyright and a fee is paid per centrally by the Manager Copyright and a fee is paid per student. student.

Copyright Agency Limited (CAL)Copyright Agency Limited (CAL) THE STATUTORY LICENCETHE STATUTORY LICENCEThe statutory licence allows an educational institution to The statutory licence allows an educational institution to make copies,make copies,within limits, for educational purposes. Under the new within limits, for educational purposes. Under the new digital agenda legislation, digital copying can now be digital agenda legislation, digital copying can now be made within certainmade within certainlimits. limits.

COPYING WITHIN THE LICENCECOPYING WITHIN THE LICENCE(a) Educational Purposes(a) Educational Purposes - this includes the - this includes the distribution of copyright material to students by a distribution of copyright material to students by a teacher in relation to a particular course of study teacher in relation to a particular course of study provided by the school. provided by the school. (b) Any Source(b) Any Source - copies can be made from any source - copies can be made from any source around the world.around the world.(c) Original or Copy or Loan(c) Original or Copy or Loan - copies can be made - copies can be made from an original or a copy or a borrowed work.from an original or a copy or a borrowed work...

(d )Method(d )Method - any of these methods can be used, - any of these methods can be used, photocopy, facsimile, roneo, overhead projector, spirit photocopy, facsimile, roneo, overhead projector, spirit stencil, hand written, typed/word processedstencil, hand written, typed/word processed

(e) On behalf of the School(e) On behalf of the School - copies can be made off - copies can be made off the school premises providing they are made for or on the school premises providing they are made for or on behalf of the school and no profit is made.behalf of the school and no profit is made.

(f) Selling Copies(f) Selling Copies - no copies may be sold with the - no copies may be sold with the intention to make a profit.intention to make a profit.

COPYING LIMITSCOPYING LIMITSCopying limits under the licence apply Copying limits under the licence apply per person per person per calendar yearper calendar year. The limits are not intended for . The limits are not intended for the person making the copies but instead they are the person making the copies but instead they are

for the person receiving the copies.for the person receiving the copies.

VISCOPY:ARTISTIC WORKSVISCOPY:ARTISTIC WORKSVISCOPY is Australia’s copyright agency for all visualVISCOPY is Australia’s copyright agency for all visual

artists, including painters, sculptors, craftspeople,artists, including painters, sculptors, craftspeople,

photographers, designers, illustrators, cartoonists, photographers, designers, illustrators, cartoonists, architects and multimedia artists. architects and multimedia artists.

If schools/TAFE wish to reproduce works of art in newIf schools/TAFE wish to reproduce works of art in new

publications, in course packs, posters, and programmes publications, in course packs, posters, and programmes or on promotional or marketing material, they will or on promotional or marketing material, they will require permission from the copyright owner or their require permission from the copyright owner or their

agent.agent.

SCREENRIGHTS: COPYING OF BROADCASTSSCREENRIGHTS: COPYING OF BROADCASTSThe Screenrights Agreement and the Copyright Act The Screenrights Agreement and the Copyright Act gives schools and TAFE Institutes the right to copy gives schools and TAFE Institutes the right to copy radio, television, satellite, and cable broadcasts in the radio, television, satellite, and cable broadcasts in the following manner:following manner:

a direct copy of any radio, cable or television a direct copy of any radio, cable or television broadcasts.broadcasts.

There are no limits on the type of programs that may beThere are no limits on the type of programs that may becopied off-air or on the number of copies that may be copied off-air or on the number of copies that may be mademade

copies may be made of satellite broadcasts such as the copies may be made of satellite broadcasts such as the SOFWeb narrowcastsSOFWeb narrowcasts

any number of copies of any direct copy of a television,any number of copies of any direct copy of a television,cable or radio broadcast may be made. cable or radio broadcast may be made. The Agreement does not permit the copying of preThe Agreement does not permit the copying of prerecorded material or commercially produced recorded material or commercially produced material such as purchased or hired videos.material such as purchased or hired videos.

Copies must be made solely for the educational Copies must be made solely for the educational purposes of the school/TAFE Institute or any other purposes of the school/TAFE Institute or any other school/TAFE Institute. The term “Educational Purposes” school/TAFE Institute. The term “Educational Purposes” includes being made in connection with a particular includes being made in connection with a particular course of instruction or for inclusion in the school/TAFE course of instruction or for inclusion in the school/TAFE Institute library.Institute library.

LENDING OR SELLING COPIESLENDING OR SELLING COPIESCopies made cannot be sold or supplied for profit. Copies made cannot be sold or supplied for profit.

A copy may be loaned to a student or member of staff A copy may be loaned to a student or member of staff of the school/TAFE Institute only.of the school/TAFE Institute only.

AUSTRALASIAN MECHANICAL COPYRIGHT OWNERS’ AUSTRALASIAN MECHANICAL COPYRIGHT OWNERS’ SOCIETY - AMCOS: COPYRIGHT PRINT MUSICSOCIETY - AMCOS: COPYRIGHT PRINT MUSIC

All DET schools are currently participating schools All DET schools are currently participating schools in the Australasian Mechanical Copyright Owners’ in the Australasian Mechanical Copyright Owners’ Society (AMCOS) Copyright Licensing Agreement.Society (AMCOS) Copyright Licensing Agreement.

The AMCOS Agreement allows schools to copy print The AMCOS Agreement allows schools to copy print music which exceed the limited amount of multiple music which exceed the limited amount of multiple copying available under the CAL Agreement.copying available under the CAL Agreement.Copies must be made for educational purposes, but thisCopies must be made for educational purposes, but thisdoes not include private tuition even if it takes place on does not include private tuition even if it takes place on the school premises, or any external examinations.the school premises, or any external examinations.

This Agreement does not grant any right or authority for This Agreement does not grant any right or authority for a school to make a recording or video of copyright a school to make a recording or video of copyright musical material. Both of these activities require specific musical material. Both of these activities require specific licences from AMCOS. licences from AMCOS.

AMCOS/ARIA LICENCE FOR MUSICAMCOS/ARIA LICENCE FOR MUSIC

RECORDINGSRECORDINGSThis is a new licence that has been introduced into This is a new licence that has been introduced into schools in the year 2000. It covers the reproduction of schools in the year 2000. It covers the reproduction of AMCOS musical works and ARIA sound recordings by AMCOS musical works and ARIA sound recordings by schools for non-commercial educational purposes. schools for non-commercial educational purposes.

It has been developed in response to a great demand It has been developed in response to a great demand from schools who have requested a blanket licence from schools who have requested a blanket licence which would allow them to make recordings of music for which would allow them to make recordings of music for educational and commemorative purposes, in educational and commemorative purposes, in

connection with a school activity or event.connection with a school activity or event.

Under this licence schools can make recordings of liveUnder this licence schools can make recordings of live

performances or the dubbing of existing sound performances or the dubbing of existing sound recordings of musical works. These recordings can be recordings of musical works. These recordings can be distributed to the students of the school to assist them distributed to the students of the school to assist them in a music class or as a commemorative recording of a in a music class or as a commemorative recording of a performance.performance.

AUSTRALASIAN PERFORMING RIGHT AUSTRALASIAN PERFORMING RIGHT ASSOCIATION – APRA: PERFORMANCEASSOCIATION – APRA: PERFORMANCE

The APRA “blanket” Agreement grants eachThe APRA “blanket” Agreement grants each

participating school a licence authorising theparticipating school a licence authorising the

performance in public of any or all works within theperformance in public of any or all works within the

APRA repertoire. APRA repertoire. All DET and other government All DET and other government schools are currently covered by this Agreement.schools are currently covered by this Agreement.

PERFORMANCE IN THE COURSE OF PERFORMANCE IN THE COURSE OF EDUCATIONAL INSTRUCTIONEDUCATIONAL INSTRUCTION

Section 28 of the Section 28 of the Copyright ActCopyright Act states that certain states that certain performances in class are deemed not to be public performances in class are deemed not to be public performances. The permission of the copyright owner is performances. The permission of the copyright owner is not required where a literary, dramatic or musical work, not required where a literary, dramatic or musical work, sound recording or film is performed:sound recording or film is performed:in class in the presence of an audience.in class in the presence of an audience.by a teacher in the course of giving educational by a teacher in the course of giving educational instruction provided it is not for profit.instruction provided it is not for profit.the audience is limited to persons taking part in the the audience is limited to persons taking part in the instruction or are directly connected with the place of instruction or are directly connected with the place of instruction. This does not include parents or guardians instruction. This does not include parents or guardians of students.of students.SSound recordings may be played in public eg at ound recordings may be played in public eg at assemblies provided no charge is made for assemblies provided no charge is made for admission and the institution has an APRA licence.admission and the institution has an APRA licence.

HIRING VIDEOS FROM VIDEO RETAILERSHIRING VIDEOS FROM VIDEO RETAILERSMost video cassettes hired from retailers contain a Most video cassettes hired from retailers contain a warning that “public performance” of the film is warning that “public performance” of the film is prohibited. These cassettes are for home domestic use prohibited. These cassettes are for home domestic use and screening at schools would normally be considered and screening at schools would normally be considered “public performance”.“public performance”.However, the Copyright Act allows the showing of However, the Copyright Act allows the showing of hired videos in the course of giving instruction and hired videos in the course of giving instruction and is shown without making a profit.is shown without making a profit.

However, this section of the However, this section of the Copyright ActCopyright Act does not does not permit schools to hire videos to “entertain” groups of permit schools to hire videos to “entertain” groups of students as this is not considered “giving instruction”. students as this is not considered “giving instruction”.

For example, the practice of using videos at the end of For example, the practice of using videos at the end of the year to keep students occupied is an unauthorised the year to keep students occupied is an unauthorised screening. Also the use of videos as a fund raiser or for screening. Also the use of videos as a fund raiser or for use with parents and the general public also constitutes use with parents and the general public also constitutes an infringement of the Act.an infringement of the Act.

Schools joining video retail outlets must identify Schools joining video retail outlets must identify themselves as a school. Do not enrol under a themselves as a school. Do not enrol under a teacher’s name.teacher’s name. The Australian Video Retailers’ The Australian Video Retailers’ Association (AVRA) have stated that most video shops Association (AVRA) have stated that most video shops will accept the membership of a school and will allow will accept the membership of a school and will allow schools to hire videos for educational purposes. schools to hire videos for educational purposes. However, it is the right of the video shop to refuse rental However, it is the right of the video shop to refuse rental of a video if the retailer feels that the school is not of a video if the retailer feels that the school is not adhering to Section 28.adhering to Section 28.

GUIDELINES FOR PERMISSIBLE GUIDELINES FOR PERMISSIBLE COPYINGCOPYING

FROM THE INTERNETFROM THE INTERNET

UNDER THE STATUTORY LICENCEUNDER THE STATUTORY LICENCE

(February 2003)(February 2003)

How do I know if I have permission to copy from the How do I know if I have permission to copy from the Internet?Internet?

There are three situations where a teacher will have There are three situations where a teacher will have permission to copy material from the Internet permission to copy material from the Internet without without relying on the statutory licence:relying on the statutory licence:

where the website says that educational copying is where the website says that educational copying is permitted. An example of a website that is freely available permitted. An example of a website that is freely available for use by teachers is the Copyright Aware website for use by teachers is the Copyright Aware website (www.copyrightaware.gov.au) (www.copyrightaware.gov.au) which has been developed which has been developed to assist schoolsto assist schools understand the implications of the recent understand the implications of the recent Digital Agenda amendments to the Copyright Act;Digital Agenda amendments to the Copyright Act;

where the teacher has received permission from the where the teacher has received permission from the copyright owner to make the copy (for example, you may copyright owner to make the copy (for example, you may be able to get permission by asking the person or be able to get permission by asking the person or organisation listed at the 'Contact Us' section on the organisation listed at the 'Contact Us' section on the website); orwebsite); or

if permission to make the copy is implied. An example of if permission to make the copy is implied. An example of where permission to make a copy may be implied is where where permission to make a copy may be implied is where the webpage contains a printer icon with words such as the webpage contains a printer icon with words such as 'printer-friendly format'. This suggests that a teacher can 'printer-friendly format'. This suggests that a teacher can

print one copy of the webpage.print one copy of the webpage.

You should always check that there is nothing in the You should always check that there is nothing in the copyright notice or website terms of use (such as a copyright notice or website terms of use (such as a limitation allowing personal use only) that means that limitation allowing personal use only) that means that

permission should not be implied.permission should not be implied.

What if the copyright notice on a webpage says that I What if the copyright notice on a webpage says that I can't make a copy?can't make a copy?

Many websites contain copyright notices such as 'Many websites contain copyright notices such as 'ABC ABC Pty Ltd 2002 All rights reserved', or a statement saying that Pty Ltd 2002 All rights reserved', or a statement saying that the content cannot be stored on an intranet or copied for the content cannot be stored on an intranet or copied for commercial purposes. commercial purposes. However this does not always However this does not always mean that teachers cannot copy or communicate the mean that teachers cannot copy or communicate the material for educational purposes.material for educational purposes.

However if you can only access copyright material by However if you can only access copyright material by agreeing to accept certain terms and conditions which agreeing to accept certain terms and conditions which prevent certain types of uses, you should comply with prevent certain types of uses, you should comply with those terms and conditions.those terms and conditions.

What can I copy from a website?What can I copy from a website?

The general principle is that a teacher may copy 10% of The general principle is that a teacher may copy 10% of the words of a work, when it is not arranged into chapter the words of a work, when it is not arranged into chapter format.format.

A collection of webpages on the same subject matter, A collection of webpages on the same subject matter, theme or study area should be treated as analogous to a theme or study area should be treated as analogous to a book, and therefore a work. Following this principle, the book, and therefore a work. Following this principle, the following types of Internet material should be considered following types of Internet material should be considered to be a work:to be a work:

A collection of webpages on the same theme or subject A collection of webpages on the same theme or subject area arranged under the same domain name, such as the area arranged under the same domain name, such as the sporting information available at sports.ninemsn.com, or sporting information available at sports.ninemsn.com, or each subject matter area on Microsoft Encarta.each subject matter area on Microsoft Encarta.

a directory of material containing information on a a directory of material containing information on a Government project. For example, the website of the Government project. For example, the website of the National Office for the Information Economy contains National Office for the Information Economy contains directories on a number of Government programs, such directories on a number of Government programs, such as Access and Equity, the Information Economy, and the as Access and Equity, the Information Economy, and the Government Online Strategy.Government Online Strategy.

A link to an external website should be considered a link A link to an external website should be considered a link to a separate work or works. For example, the sports to a separate work or works. For example, the sports section on ninemsn.com contains a link to Baggy Green, section on ninemsn.com contains a link to Baggy Green,

a separately operated cricket website.a separately operated cricket website.

Material within a website hierarchy that is analogous to a Material within a website hierarchy that is analogous to a newspaper or magazine should be treated as a periodical newspaper or magazine should be treated as a periodical publication. For example, the ninemsn site contains publication. For example, the ninemsn site contains news updates as well as a link to the Bulletin magazine.news updates as well as a link to the Bulletin magazine.

A website that contains information on one subject matter A website that contains information on one subject matter or theme should be considered to be a work. Some or theme should be considered to be a work. Some examples include:examples include:

the website for a television showthe website for a television show

Once it has been possible to identify a 'work' on the Once it has been possible to identify a 'work' on the Internet, within a website or as a separate publication Internet, within a website or as a separate publication made available from a website, a teacher may copy a made available from a website, a teacher may copy a reasonable portion of that work.reasonable portion of that work.

DIGITAL COPYING AND THE INTERNETDIGITAL COPYING AND THE INTERNET Please refer to the “Copyright Amendment (Digital Please refer to the “Copyright Amendment (Digital

Agenda) Act 2000”, “Guidelines and Copyright Notices” Agenda) Act 2000”, “Guidelines and Copyright Notices” and “Internet Copying – Statutory Licence” on this and “Internet Copying – Statutory Licence” on this website.website.

Computer software and copyrightComputer software and copyright

Australian Copyright Council. July 2003Australian Copyright Council. July 2003Information sheet G50Information sheet G50www.copyright.org.auwww.copyright.org.au

““The owner of a legitimate copy of a computer The owner of a legitimate copy of a computer program may make a backup copy of a program..”program may make a backup copy of a program..”

FAQFAQ

WHAT CAN BE COPIED?WHAT CAN BE COPIED?Does the CAL licence include digital copying?Does the CAL licence include digital copying?CAL agrees the Part VB of the CAL agrees the Part VB of the Copyright ActCopyright Act 19681968 (the (the statutory licence provisions) includes digital copying. statutory licence provisions) includes digital copying. Negotiations are currently taking place to determine the Negotiations are currently taking place to determine the scope, definition and measurement of digital copying scope, definition and measurement of digital copying which may fall into the CAL licence.which may fall into the CAL licence.May I scan copyright material onto a computer disk May I scan copyright material onto a computer disk and use it with my students?and use it with my students?Using computer scanners to transfer images or words Using computer scanners to transfer images or words from a published document (this includes electronically from a published document (this includes electronically published material) into another work is copying or published material) into another work is copying or reproducing a protected work. This is most likely reproducing a protected work. This is most likely covered by the statutory licence but it is recommended covered by the statutory licence but it is recommended that permission is gained from the copyright owner.that permission is gained from the copyright owner.

FAQFAQ

COMMERCIAL VIDEOSCOMMERCIAL VIDEOSThe screening of films and videos is permitted in The screening of films and videos is permitted in schools/TAFE Institutes providing it is not a public schools/TAFE Institutes providing it is not a public performance. This means that films and videos can only performance. This means that films and videos can only be used for educational purposes, NOT for be used for educational purposes, NOT for entertainment as this use is considered public entertainment as this use is considered public performance, and NOT to others than school/TAFE performance, and NOT to others than school/TAFE Institute students or staff.Institute students or staff.

FAQFAQ

AMCOS/ARIA AMCOS/ARIA

What types of recordings are allowed under this What types of recordings are allowed under this licence?licence?Recordings of musical works and/or sound recordings Recordings of musical works and/or sound recordings made for use either in connection with a course of study made for use either in connection with a course of study at a school (such as a music class) or a recording to be at a school (such as a music class) or a recording to be used at a school event or a commemorative recording used at a school event or a commemorative recording (to be played at school or at home) of a school event.(to be played at school or at home) of a school event.

Does the licence allow the making of a recording for Does the licence allow the making of a recording for a school archive?a school archive?Yes. If the school wished to make a recording (either Yes. If the school wished to make a recording (either audio or video or both) of a school event, for example, a audio or video or both) of a school event, for example, a school concert or speech day, they would be able to do school concert or speech day, they would be able to do so either for the distribution to students in theso either for the distribution to students in theschool or to be kept in the school archives.school or to be kept in the school archives.

FAQFAQ

What is a school event?What is a school event?

A school event is defined as “an event authorised by the A school event is defined as “an event authorised by the Participating School including a live performance by Participating School including a live performance by students or an event or function connected with a students or an event or function connected with a Participating School (whether or not on school Participating School (whether or not on school premises) at which music is performed and whether or premises) at which music is performed and whether or not parents of the school community are in attendance not parents of the school community are in attendance (for example, a concert, speech day or sports event.)(for example, a concert, speech day or sports event.)

The crucial part of this definition is the fact that the The crucial part of this definition is the fact that the event must be authorised or organised by the event must be authorised or organised by the school or Department of Education (or its school or Department of Education (or its equivalent.) equivalent.)

The following would be regarded as being “school The following would be regarded as being “school events”:events”:

FAQFAQ a music concert held at a schoola music concert held at a school a music concert organised by a school, held at a a music concert organised by a school, held at a

different venue, where parents and friends of the different venue, where parents and friends of the school were invitedschool were invited

a sports day event where music was being a sports day event where music was being playedplayed

a school fete where either live music or recorded a school fete where either live music or recorded music was being used (and subsequently music was being used (and subsequently

recorded)recorded)

The following would The following would notnot be regarded as “school be regarded as “school events”:events”:

a dance festival run by an organisation other a dance festival run by an organisation other than a than a school or group of schoolsschool or group of schools

an eisteddfod (organised by an eisteddfod body)an eisteddfod (organised by an eisteddfod body) a Music a Viva performance in a school* a Music a Viva performance in a school* ** permission to record such a performance would have to permission to record such a performance would have to

be arranged through Music a Viva itself, but it is unlikely be arranged through Music a Viva itself, but it is unlikely that it would be necessary to make an audio recording that it would be necessary to make an audio recording as Music a Viva supplies audio recordings of musical as Music a Viva supplies audio recordings of musical works to be studied as part of their audio kits.works to be studied as part of their audio kits.

FAQFAQ

What audio recording rights does the licence grant?What audio recording rights does the licence grant?

The licence allows the making of audio recordings of The licence allows the making of audio recordings of either live performances or dubbed recordings of either live performances or dubbed recordings of existing sound recordings of musical works. An audio existing sound recordings of musical works. An audio recording can be made of AMCOS musical works or recording can be made of AMCOS musical works or ARIA sound recordings for the following broad ARIA sound recordings for the following broad purposes:purposes:

FAQFAQ

AUDIO RIGHTSAUDIO RIGHTS

an audio recording to be used at a ‘school event’, for an audio recording to be used at a ‘school event’, for instance, the licence allows the making of backing instance, the licence allows the making of backing tapes dubbing existing sound recordings of musical tapes dubbing existing sound recordings of musical works for ease of cuing - to be used by a school dance works for ease of cuing - to be used by a school dance or vocal group, instead of live music. These recordings or vocal group, instead of live music. These recordings can then be used as part of a performance at a school can then be used as part of a performance at a school event, for instance, a school concert.event, for instance, a school concert.

an audio recording of a ‘school event’, for example a an audio recording of a ‘school event’, for example a tape or CD of a school concert or speech day.tape or CD of a school concert or speech day.

recordings for use in connection with a course of study, recordings for use in connection with a course of study,

FAQ FAQ

VIDEO RIGHTSVIDEO RIGHTS1.1. the making of a video recording of a school event where the making of a video recording of a school event where

music is being played:music is being played: (either live or recorded music.) (either live or recorded music.) Examples include, making a video of a school concert…Examples include, making a video of a school concert…the making of a recording of a school open day where a the making of a recording of a school open day where a mixture of recorded and live music is being featured.mixture of recorded and live music is being featured.

2.2. the making of student films including musical the making of student films including musical works and/or sound recordingsworks and/or sound recordingsThe question of whether or not the use of an excerpt or The question of whether or not the use of an excerpt or indeed an entire musical work or sound recording is indeed an entire musical work or sound recording is considered to be a ‘fair dealing’ for the purposes of considered to be a ‘fair dealing’ for the purposes of research and study under the Copyright Act, does not research and study under the Copyright Act, does not need to be considered need to be considered as the AMCOS/ARIA licence as the AMCOS/ARIA licence allows school students to make videos allows school students to make videos incorporating even whole musical works and sound incorporating even whole musical works and sound recordings. The only condition of this is that these recordings. The only condition of this is that these films may not be publicly screened outside of the films may not be publicly screened outside of the school or at an event where the general public school or at an event where the general public (other than parents and friends of the school) are (other than parents and friends of the school) are present.present.

FAQFAQCopyright and the internetCopyright and the internetThe AMCOS/ARIA licence does NOT allow schools or The AMCOS/ARIA licence does NOT allow schools or school students to download music or sound recordings school students to download music or sound recordings from the internet, therefore the copying of MP3 files from the internet, therefore the copying of MP3 files which are available on the internet (most of them which are available on the internet (most of them illegal), may not be copied under this licence.illegal), may not be copied under this licence.

What is meant by ‘educational purposes?’What is meant by ‘educational purposes?’… … There would have to be some connection with the There would have to be some connection with the school, and furthermore, the licence does not allow the school, and furthermore, the licence does not allow the making of recordings by students (with the exception of making of recordings by students (with the exception of student film.) student film.) An educational purpose would usually An educational purpose would usually include the making of a recording for use in include the making of a recording for use in connection with a course of study at a school or to connection with a course of study at a school or to be played at a school event or used in conjunction be played at a school event or used in conjunction with a school performance.with a school performance. The making of a The making of a recording of a school event for either private viewing or recording of a school event for either private viewing or listening by the students at home, or at the school listening by the students at home, or at the school would also be covered by this definition. would also be covered by this definition.

FAQFAQ

What format can the recordings be in?What format can the recordings be in?

Audio and video recordings can be made under this Audio and video recordings can be made under this licence in the following formats:licence in the following formats:

cassette tape, Beta or VHS video tape, DVD’s, CD’s. cassette tape, Beta or VHS video tape, DVD’s, CD’s. CD roms are not allowed to be made under this licence, CD roms are not allowed to be made under this licence, nor are schools allowed to reproduce copyright music or nor are schools allowed to reproduce copyright music or sound recordings as part of an internet project or web sound recordings as part of an internet project or web page.page.

Where can I get more information?Where can I get more information?

Although it is a joint licence offered by AMCOS and Although it is a joint licence offered by AMCOS and ARIA; AMCOS has elected to service the enquiries from ARIA; AMCOS has elected to service the enquiries from schools about the licence (unless they are specific schools about the licence (unless they are specific questions relating to ARIA or record companies where it questions relating to ARIA or record companies where it be more appropriate to contact ARIA directly.)be more appropriate to contact ARIA directly.)