When does copyright “expire”, ie, move into Public Domain?
- The general rule is that for ‘works’ (that is, literary, dramatic, artistic, and musical items) copyright exists for the life of the creator + 70 years. NB: If the creator died before 1 Jan 1955 then there is no copyright and the work is in the public domain. Additionally, photos taken pre-1955 are out of copyright. To avoid issues of plagiarism, however, all materials should be referenced.
- For any other subject matter (such as films, broadcasts, sound recordings, and published editions [literally the specific manner in which a publisher arranges/lays out a published work]) it is 70 years from the date of publication/broadcast.
- Unpublished material (such as notes, diaries, journals, letters, drafts, etc) currently has perpetual copyright. However, there are changes to the legislation currently in the pipeline that will affect this as of Jan 1 2019.
What isn’t covered by copyright?
- Ideas, facts, styles or techniques – it is the expression of these, how they are used, that is protected.
- Names, titles, slogans – in the case of slogans, they are considered too small to be protected by copyright, but typically they are protected by Trademark Law.
- People – that is, you cannot copyright your face.
- Non-human authors – an item requires a human author to be identifiable as the author to get copyright protection. (Think of the issue around the monkey selfie: http://bit.ly/2vxNNru)
When does a copyright infringement occur?
- When a substantial part of an item’s material is used without permission, copyright has been infringed. NB. This is not a question of quantity but of QUALITY, it is about what from the original has been used – if it is a significant, important or recognizable part, an essential part of the original; think “Ice Ice Baby” and its copyright infringement of “Under Pressure”: http://rol.st/2v1N3dN
- Please note that infringement can happen both directly and indirectly.
What are the Fair Dealing Exceptions?
- After the legislative changes were put in place (Dec 22, 2017), the 'original' four “Fair Dealing” exceptions are still in place, ie: research/study, criticism/review, reporting news, and parody/satire. There is, however, a new addition to this list which is extremely important for our classrooms: assisting people with a disability.
- This new exception “…will allow teachers to make format-appropriate versions of educational materials for students with PRINT-RELATED disabilities.” (from National Copyright Unit, Copyright Amendment (Disability Measures and Other Access) Act 2017) Additionally, the manner in which disability is being defined is very open; students will not necessarily need to have a medically supported diagnosis.
- NB: the use to which the copyright material is being put MUST be for one of these five purposes only and the manner in which it is used MUST be fair.
Sound & Screen for Education
The Screenrights License
- Under this license “…educational institutions are given a blanket license to copy and communicate radio and TV broadcasts for the educational purposes of the institution.” (from: Copyright Council Australia seminar., 20 June 2017)
- However, this license “…does not cover sound recordings, material from overseas TV or radio, or copying from purchased, rented or borrowed DVDs … does not cover material streamed online unless that material has previously been broadcast on an Australian TV or radio channel.” (from: Copyright Council Australia seminar., 20 June 2017)
- Additionally, this does not cover material from pre-1990 broadcasts.
- Screenrights copies can be sourced from TV broadcasts, resource centres (such as TV4Eecuation) and catch-up TV (such as iView and SBS OnDemand – as long as the program has already been broadcast on TV). However, copies CANNOT be sourced from subscription platforms such as Netflix and Stan.
- Please note, that streaming content from subscription platforms in your classrooms does not infringe on copyright in any way, HOWEVER, it does violate the terms & conditions you agreed to when you signed on, ie: personal, non-commercial use.
Sound Recordings
- These are covered by the following licenses: APRA|AMCOS, ARIA, PPCA
- These licenses cover:
- Copying music for educational activities (nb: the term “activity” is quite broad here, doesn’t have to be directly linked to the class learning.)
- Using music at school events
- Using music for presentations
- Using music for student films within the educational institution.
- Music on iTunes is now covered under these licenses, meaning teachers are no longer violating the T&Cs of their iTunes agreement when they play music from this software in class.
- NB: the music of ACDC, the Beatles, the Rolling Stones, and Queen are NOT covered by any of these licenses. Licenses to use this music must be obtained directly from EMI
- Additionally, these licenses do not cover: personal use, remixes, mash-ups, arrangements or lyric changes.
Using Copyright Confidently
- Key Questions to ask
- What am I using? Is it copyright material?
- How do I want to use it? (Not every use is a copyright issue)
- Is it protected? Has the copyright lapsed?
- Am I using a substantial part of the original? Remember, quality not quantity
- Is it covered by one of the school’s licenses?
- Are there limits to what I can do?
- Is it covered by one of the exceptions?
- Be aware of Authorisation Liability
- This is in regards to infringements by 3rd parties; in this case, students.
- What is authorisation liability?
- This is liability which arises when you have a relationship with the infringing party (such as teacher and student), and
- You had the power to prevent them infringing (eg: through modeling of responsible usage and by ensuring materials provided are not infringing copyright).
- Linking to online materials as part of your lesson content is fine, but authorisation liability applies if you have directed students to copyright infringing material.
Any questions? Email or drop by the Library – there are information books available and we're always happy to help identify any potential issues and workable solutions.
