Provided your educational institution is covered by a remuneration notice with Screenrights, you can record from television in any format (including onto VHS tape and DVD), providing the recording is for educational purposes. You can also copy the recording, into the same or a different format, for educational purposes. For example, you can copy a recording made on a VHS tape onto a DVD or onto Clickview. There is no limit on the number of copies, or the number of formats, provided each copy is for educational purposes. There is no requirement to destroy the first recording if you make copies.

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The “special case”/”flexible dealing” provision may in some cases be relied upon to load audio-visual material into an LMS such as Studywizz or ClickView. However, the legal difficulty with relying on that provision in relation to commercial DVDs is that these DVDs are almost invariably protected by CSS (Content-Scrambling System) and you would need to circumvent that protection in order to copy the DVD into the LMS.

CSS protection constitutes an “access technological protection measure” (ATPM) under the Copyright Act, and the circumstances in which an ATPM may be circumvented are very narrow, and do not include when the material is being used under the “special case”/”flexible dealing” provision.

Alternative solutions:

• lend the commercial DVD to the student (consider buying enough copies for use in class or lectures and for lending); or

• see if you can locate a “Screenrights copy” of the material (these can be loaded into an LMS under Part VA of the Copyright Act).

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Assuming that the contract under which you bought the audio book doesn’t specifically permit you to load it into a content/learning management system or onto an intranet, you will usually need to contact the relevant publisher or producer to see whether it will give you permission.

In some rare cases, you may be able to rely on the “special case” or “flexible dealing” provision (section 200AB) but this is unlikely to be the case where:

• copies of the audiobook are commercially available (in these cases, buy however many copies you need for the students to use offline, such as in the library or on their iPods); or

• the publisher licenses this type of use (contact it to find out).

Also, you should not in our view rely on section 200AB if the terms and conditions under which you bought the audio book specifically prohibit making it available online or over intranets.

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In some cases, you may be entitled to transfer audiovisual content into Clickview. You can, for example, do this with material copied from TV or radio under the Part VA provisions in the Act administered by Screenrights, and in other cases you may be able to do this with commercial copies of AV material.

The difficulty with commercial DVDs, however, is that they are usually protected by an access-control technological protection measure (such as CSS); the fact that you otherwise might be able to rely on section 200AB doesn’t permit you to circumvent this protection.

The best way to proceed in these cases is to see whether you can acquire a copy of the item from TV under Part VA (for example, from another educational institution or from a resource centre), or whether a copy is commercially available in a file format you can use in your system. In the event that copies are not available from these sources, you might be able to find a video version to use – we understand that the technological protection copyright owners use with videos is not an “access control”, and you are not prevented from circumventing this type of protection if you are able to rely on section 200AB.

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ClickView Exchange is an internet-based server to which schools can upload video content to share with other schools, and from which schools can download video content uploaded by other schools.

Schools covered by a remuneration notice with Screenrights can upload and download TV programs recorded for educational purposes under Part VA.

If a school wants to upload a program recorded from pay TV, it may need to check that the recording and/or upload do not breach any condition in the subscription contract. http://www.clickview.com.au

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Under Part VB, you may only have one “amount” posted onto your intranet at any one time. (for example, 10% of a book or 1 chapter, whichever is greater). This is the case even if you want to make different parts of the material available to students in different courses. The reason for this rule is to guard against educational institutions building up digital versions of entire works where those works are commercially available.

There are, however, still a number of ways you can get the material to the students in the different courses, including:

• posting one amount to the intranet for students in the one course, taking that amount down and then posting the different amount for the students in the second course;

• sending out the one amount via an email to one set of students and then posting the second amount to the intranet; and

• giving one set of students their material on USB, for example, and then posting the other amount on the intranet.

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