A post from BB on copyright

This was posted by Barbara Braxton on OZTL_net 14 August and contains useful information about copying digital materials

 

1. There is a list of what is protected at http://www.smartcopying.edu.au/copyright-guidelines/copyright—a-general-overview/1-3-what-is-protected-(types-of-works)

2. Under Educational Licence B, the Hard Copy Scheme allows the copying and communication of a reasonable portion of hard copy text works (eg books and printed journals). In this instance, communication is defined as “Communicate means making copyright material available online or electronically transmitting copyright material. ‘Making available’ can include putting material on the internet or intranet. ‘Electronic transmission’ includes emailing, streaming or electronic reticulation.” But the kicker is “reasonable portion” which is defined as “in the case of a literary, dramatic or musical work in hard copy, 10% of the pages of the work or if the work is divided into chapters, up to one chapter”.
3. Scanning or photocopying a larger part of a text work by a student or teacher to assist his or her research or preparation of an educational course can still be a fair dealing for the purposes of research and study. However, the teacher/student must assess whether copying more than a reasonable portion would be fair. For example, it is probably fair to copy the whole of a book for research or study if the book is out of print so the school/TAFE can’t buy it.

4. While there may be flexible dealing exceptions, this will not often apply and the following have to be assessed…
◦the proposed use is narrow in scope
◦whether it would conflict with a normal way the copyright owner exploits the material and ◦whether the use would unreasonably harm the copyright owner http://www.smartcopying.edu.au/copyright-guidelines/what-can-i-copy-communicate-/2-1-text-works

5. Changing a print work to a digitised one may be considered format shifting and the rules regarding that are at http://www.smartcopying.edu.au/information-sheets/schools/format-shifting I have written to the NCU for clarification. I will share the response.

6. This is what I found about audio books on Smartcopying http://www.smartcopying.edu.au/information-sheets/schools/using-itunes-in-schools/using-itunes-in-schools/using-itunes-in-schools

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Copying audio books on the iPods for loan in the school library

Trish is the librarian at Heathcoat High School. She would like to start making audio books available for loan to students on iPods. Trish has found 4 audio books from iTunes that she would like to purchase and loan to students on the library’s 20 iPods.

Can Trish copy the audio books straight from her iTunes account onto each iPod or must she purchase a copy of each audio book for each iPod?
Trish must purchase an audio book for each individual iPod. This is because s 200AB will only apply to where the copy is made for educational instruction and removed from the iPod as soon as practicable after it has been used for educational instruction. In this case, the audio books will be made available to students on a permanent basis throughout the year. Trish will need to purchase 20 copies of each audio book to download on to each iPod. The individual iPods can then be loaned out to different students in the school as required.
http://www.smartcopying.edu.au/information-sheets/schools/using-itunes-in-schools/using-itunes-in-schools/using-itunes-in-schools
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Barbara

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