Copying Right in the educational sector Presenters include: Anthony Healey, Director, NZ Operations Australasian Performing Right Association Ltd (APRA)

Copying Right Copying Right

in the educational in the educational sectorsector

Presenters include:

Anthony Healey, Director, NZ Operations Australasian Performing Right Association Ltd (APRA)

Kathy Sheat, CEO, Copyright Licensing Ltd

Carmen Vietri, Solicitor, Copyright Licensing Ltd/Copyright Council

Tony Eaton, Executive Director, NZ Federation Against Copyright Theft

August 2007August 2007 Copying Right in the educational sectorCopying Right in the educational sector 22

1.1. Copyright – an overview (10)Copyright – an overview (10)2.2. Statutory exceptions & proposed changes (20)Statutory exceptions & proposed changes (20)

1.1. Fair dealingFair dealing2.2. Educational exceptionsEducational exceptions3.3. Library provisionsLibrary provisions

3.3. LicensingLicensing1.1. Music (APRA) (15)Music (APRA) (15)2.2. Print works (Copyright Licensing Ltd) (15)Print works (Copyright Licensing Ltd) (15)3.3. Broadcasts (Screenrights) (15)Broadcasts (Screenrights) (15)

4.4. Copyright infringement (15)Copyright infringement (15)5.5. Discussion (30)Discussion (30)

IntroductionIntroduction


What is Copyright?What is Copyright?

Property right: created by statute: No registration Property right: created by statute: No registration procedureprocedure

Protects original works in material formProtects original works in material form• Literary, dramatic, artistic, musical works, Literary, dramatic, artistic, musical works,

typographical arrangementstypographical arrangements• Films, communication works (broadcasts, Films, communication works (broadcasts,

cable programmes)cable programmes) Protects exclusive rights of copyright owners to Protects exclusive rights of copyright owners to

copy, publish, perform, show, communicate copy, publish, perform, show, communicate [broadcast], adapt/arrange or authorise such use[broadcast], adapt/arrange or authorise such use


Who owns copyright?Who owns copyright? Author/creator of work generally first owner of Author/creator of work generally first owner of

copyrightcopyright Except whereExcept where

employee creates work in course of employee creates work in course of employmentemployment

work commissioned and paid for (eg work commissioned and paid for (eg photograph, computer program, painting, photograph, computer program, painting, drawing, diagram, film, sound recording)drawing, diagram, film, sound recording)

Reprographic/performance rights transferred to Reprographic/performance rights transferred to copyright collectives for centralised licensing copyright collectives for centralised licensing servicesservices


How long does copyright last?How long does copyright last?

Copyright lasts 50 yearsCopyright lasts 50 yearsFrom end of year in which author/creator of From end of year in which author/creator of

literary, dramatic, musical or artistic work diesliterary, dramatic, musical or artistic work diesFrom end of calendar year in which sound From end of calendar year in which sound

recording/film/broadcast maderecording/film/broadcast made Publisher’s right in published work lasts Publisher’s right in published work lasts

25 years from end of year in which work 25 years from end of year in which work publishedpublished

Works then in “Public domain” and free to Works then in “Public domain” and free to useuse


Copying ruleCopying rule

Copying of all or part of a work Copying of all or part of a work

• without a licence or without a licence or

• without approval from the without approval from the copyright owner copyright owner

is an infringement of copyrightis an infringement of copyright

• unless there is a unless there is a statutory statutory exceptionexception to such infringement to such infringement


Statutory exceptionsStatutory exceptions

Permitted usePermitted use Fair DealingFair Dealing Educational exceptionsEducational exceptions Library exceptionsLibrary exceptions Legislators guided by international law Legislators guided by international law

(Berne/TRIPS) (Berne/TRIPS) Exceptions confined to Exceptions confined to certain special casescertain special cases that that

• should not conflict with normal exploitation of work; andshould not conflict with normal exploitation of work; and• should not unreasonably prejudice legitimate interests of should not unreasonably prejudice legitimate interests of

authorauthor


Fair dealingFair dealing

Covers all works - print/digital/internetCovers all works - print/digital/internet Criticism, review, news reporting (acknowledge)Criticism, review, news reporting (acknowledge) Research or Private studyResearch or Private study

•One copy only – cannot be copied furtherOne copy only – cannot be copied further•Dependent onDependent on

Nature of work copiedNature of work copiedWhether available at reasonable priceWhether available at reasonable priceEffect of copying on market for/value of workEffect of copying on market for/value of workSignificance of portion copied in relation to wholeSignificance of portion copied in relation to whole


Educational ExceptionsEducational Exceptions

Literary, dramatic, musical, artistic & Literary, dramatic, musical, artistic & typographical workstypographical works

One copy of the whole or part of a work for One copy of the whole or part of a work for instructional purposes and use in a classroom*instructional purposes and use in a classroom*

Up to 3% or 3 pages for students as long as no Up to 3% or 3 pages for students as long as no more than 50% of the work is copied**more than 50% of the work is copied**• e.g. no more than 50% of an article, poem or e.g. no more than 50% of an article, poem or

short storyshort story Performance by or for students & staffPerformance by or for students & staff No cost recovery from students permittedNo cost recovery from students permitted

*proposed changes will include digital copying but not communication of work*proposed changes will include digital copying but not communication of work** proposed changes will include digital works/digital copying and communication of work** proposed changes will include digital works/digital copying and communication of work


Educational exceptionsEducational exceptions

Sound recordings, films, broadcastsSound recordings, films, broadcasts

Copying for purposes of making a film / Copying for purposes of making a film / soundtracksoundtrack

Copying sound recordings for language lessons Copying sound recordings for language lessons or lessons by correspondenceor lessons by correspondence

Playing or showing for instruction purposes, Playing or showing for instruction purposes, to to students / staff Copying broadcasts students / staff Copying broadcasts − − Screenrights licenceScreenrights licence

Any workAny work Any use to set/answer exam questionsAny use to set/answer exam questions


Library exceptionsLibrary exceptions

Literary, dramatic, music worksLiterary, dramatic, music works

““Reasonable proportion” of a bookReasonable proportion” of a book Article from periodical (more if on same subject)Article from periodical (more if on same subject) Includes artistic work only if contained in extract Includes artistic work only if contained in extract

copiedcopied Single copy Single copy For research or private studyFor research or private study Must be a request to copyMust be a request to copy Can not be copied furtherCan not be copied further


Proposed changes for librariesProposed changes for libraries

Digital copies permissible where Librarian Digital copies permissible where Librarian • provides notice of terms of use provides notice of terms of use • to person requesting copy to person requesting copy • destroys any additional copy made in destroys any additional copy made in copying processcopying process


What are Copyright What are Copyright collectives?collectives?

Non-profit collective licensing organisations established Non-profit collective licensing organisations established and linked throughout worldand linked throughout world

Formed by groups of copyright ownersFormed by groups of copyright owners Administer comprehensive repertoires of rights & Administer comprehensive repertoires of rights &

provide centralised licensing services that benefit both provide centralised licensing services that benefit both user and copyright owneruser and copyright owner

Licence fees returned to Licence fees returned to © © rightsholdersrightsholdersAPRA: Composers/Music PublishersAPRA: Composers/Music PublishersCLL: Publishers/Authors CLL: Publishers/Authors Screenrights: Film producers/distributors, Screenrights: Film producers/distributors, screenwriters screenwriters PPNZ: Recording companies & artistsPPNZ: Recording companies & artists

Give schools and teachers more scope to use copyrightGive schools and teachers more scope to use copyright


Who is APRA?Who is APRA?

Australasian Performing Right AssociationAustralasian Performing Right Association Non-profit association of composers, Non-profit association of composers,

lyricists and their publisherslyricists and their publishers Administers “performing right”Administers “performing right”

• public performancepublic performance• broadcastbroadcast• inclusion of musical works in cable inclusion of musical works in cable

programme serviceprogramme service Reciprocal agreements with overseas Reciprocal agreements with overseas

performing right societies/world-wide repertoireperforming right societies/world-wide repertoire Over 4000 New Zealand composersOver 4000 New Zealand composers


APRA Public Performance and APRA Public Performance and Print Music Licence for SchoolsPrint Music Licence for Schools

Covers musical performances/concerts by pupils, Covers musical performances/concerts by pupils, visiting musicians, low power radio broadcasts, music visiting musicians, low power radio broadcasts, music at socials/dancesat socials/dances

Covers performances in dramatic context (in primary Covers performances in dramatic context (in primary schools)schools)

Does not cover grand right musicals or where music Does not cover grand right musicals or where music used in dramatic context and performed before used in dramatic context and performed before paying audience paying audience

Permits photocopying of print music and choral works Permits photocopying of print music and choral works for use in classroom, for use in rehearsal or in for use in classroom, for use in rehearsal or in performances by bands, orchestras, choirsperformances by bands, orchestras, choirs


APRA Music Recording Licence APRA Music Recording Licence (Audio & Video)(Audio & Video)

Permits making of audio and/or video recordings of Permits making of audio and/or video recordings of musical works:musical works:• For educational purposes of schoolFor educational purposes of school• To supply students for private useTo supply students for private use

Provided that recording is:Provided that recording is:• Intended to be played at a school eventIntended to be played at a school event• Of a school eventOf a school event• For analysis by students as part of course of For analysis by students as part of course of

instructioninstruction


Who is CLL?Who is CLL?

Established 1988 Established 1988 Jointly owned BPANZ/NZSAJointly owned BPANZ/NZSA Member International Federation of Reproduction Member International Federation of Reproduction

Rights OrganisationRights Organisation Repertoire from RROs in Australia, UK, US, Repertoire from RROs in Australia, UK, US,

Canada, France, Germany and othersCanada, France, Germany and others Mandates from 275 New Zealand publishers and Mandates from 275 New Zealand publishers and

through them authorsthrough them authors


Permits Permits copyingcopying of extracts from hard of extracts from hard copy/original books, periodicals and journals for copy/original books, periodicals and journals for studentsstudents

Copying should be from original works owned by Copying should be from original works owned by licensee and true to typographical formatlicensee and true to typographical format

Works copied should be acknowledgedWorks copied should be acknowledged Recovery of photocopying costs allowedRecovery of photocopying costs allowed Indemnity providedIndemnity provided Sampling surveys provide data for distribution of Sampling surveys provide data for distribution of

licensing fees to copyright ownerslicensing fees to copyright owners

CLL LicenceCLL Licence


CLL LicenceCLL Licence

Permits copying ofPermits copying of 10% or one chapter from a book (whichever larger) 10% or one chapter from a book (whichever larger) 15 pages of all/part work in collection of works 15 pages of all/part work in collection of works One copy per student/teacher plus 10% margin for spare/lost One copy per student/teacher plus 10% margin for spare/lost

copiescopies One article from periodical publication - more if on same subjectOne article from periodical publication - more if on same subject An artistic work where included in aboveAn artistic work where included in above Out of print/unobtainable works (CLL written approval required)Out of print/unobtainable works (CLL written approval required) Interloan copies if not available from any other sourceInterloan copies if not available from any other source Repeat copies for different course/classRepeat copies for different course/class


Printed music Printed music Loose maps/chartsLoose maps/charts NZ newspapersNZ newspapers House journalsHouse journals Photographs/illustrationsPhotographs/illustrations Works prohibited from being copied under Works prohibited from being copied under

licencelicence Privately owned work (ie not published)Privately owned work (ie not published)

CLL Licence CLL Licence

Excludes copying fromExcludes copying from::


Screenrights Screenrights LicenceLicence

Permits copying of anything broadcast on Permits copying of anything broadcast on radio/television, free-to-air and pay-TVradio/television, free-to-air and pay-TV

For educational purposes onlyFor educational purposes only Must be labelled with programme title, date broadcast Must be labelled with programme title, date broadcast

and date copiedand date copied Any one in school can copy, any time, anywhereAny one in school can copy, any time, anywhere Can copy in any format – VHS, DVD, CD, PCCan copy in any format – VHS, DVD, CD, PC Can make copies of copiesCan make copies of copies Can show in class or libraryCan show in class or library Compilations of material copied can be madeCompilations of material copied can be made Provide resources that cannot be boughtProvide resources that cannot be bought Resources can be kept in library for future useResources can be kept in library for future use


Copyright infringementCopyright infringement

Copying/storing/putting online without Copying/storing/putting online without authorityauthority

Issuing copies/communicating to othersIssuing copies/communicating to others Adapting/translating workAdapting/translating work Criminal offence to make infringing Criminal offence to make infringing

copies of copyright works for commercial copies of copyright works for commercial purposespurposes

Offenders liable for civil/criminal action Offenders liable for civil/criminal action and fines up to $150,000 - prison term of and fines up to $150,000 - prison term of up to 5 yearsup to 5 years


What is being done to stop What is being done to stop infringement?infringement?

Ministry of Education, Ministry of Ministry of Education, Ministry of Economic Development, Copyright Economic Development, Copyright Council and copyright collectives involved Council and copyright collectives involved in a “Copyright Awareness Campaign” to in a “Copyright Awareness Campaign” to raise awareness in educational and other raise awareness in educational and other sectorssectors

Experiences of NZ Federation Against Experiences of NZ Federation Against Copyright Theft (NZFACT)Copyright Theft (NZFACT)


What can you do to stopWhat can you do to stopcopyright infringement?copyright infringement?

Make sure teachers and staff aware of Make sure teachers and staff aware of copyright copyright

Have appropriate copyright compliance Have appropriate copyright compliance procedures in placeprocedures in place

Encourage respect for copyright by staff Encourage respect for copyright by staff and studentsand students

Encourage creativity and ownership of Encourage creativity and ownership of intellectual property rightsintellectual property rights


What to be aware ofWhat to be aware of

Educational institutions are Internet Educational institutions are Internet Service ProvidersService Providers

If teacher/student puts infringing material If teacher/student puts infringing material on the website/intranet, they may be on the website/intranet, they may be liable for copyright infringementliable for copyright infringement

Students make infringing copies of Students make infringing copies of copyright works – DVDs, CDs, Books copyright works – DVDs, CDs, Books

Infringing material should be banned from Infringing material should be banned from the classroomthe classroom


What to be aware ofWhat to be aware of

Educational institutions are Internet Educational institutions are Internet Service ProvidersService Providers

If teacher/student puts infringing material If teacher/student puts infringing material on the website/intranet, they may be on the website/intranet, they may be liable for copyright infringementliable for copyright infringement

Students make infringing copies of Students make infringing copies of copyright works – DVDs, CDs, Books copyright works – DVDs, CDs, Books

Infringing material should be banned from Infringing material should be banned from the classroomthe classroom


Further informationFurther information

www.tki.org.nz/r/governance/copyrightwww.tki.org.nz/r/governance/copyright// www.copyright.org.nzwww.copyright.org.nz www.copyright.co.nzwww.copyright.co.nz www.apra.com.auwww.apra.com.au www.screen.org.auwww.screen.org.au

Documents

Copying Right in the educational sector Presenters include: Anthony Healey, Director, NZ Operations Australasian Performing Right Association Ltd (APRA)