The Copyright Act 1994 protects a wide range of material, including books, online articles, films, radio programs, music and broadcasts. Under the Act, copyright owners have a number of exclusive rights, including the right to copy the work, to play it or show it in public and the right to put it online. The use of copyright works in these ways by anyone other than the copyright owner, without permission will infringe copyright, unless a special exception applies.
Licences for educational use of copyright material
Schools often want to use copyright material and there are a number of copyright license offerings that enable educational use of texts, music and broadcasts without having to get individual copyright clearances. Schools pay an annual fee for the licence to a copyright collecting society. The society distributes this payment to copyright owners after deducting its administrative overheads. All of these licences can be purchased through the NZSTA:
• CLNZ print licence assists schools to maximise resources and enjoy hassle free copying. For a full list of benefits go to www.copyright.co.nz
• An APRA music licence that allows for certain copying of sheet music, playing or performing of music and use of music in student films (LINK)
• A Screenrights Television and Radio copying licence that allows schools to copy programs from TV and radio (LINK)
Under the Copyright Act, schools that don’t take out a copyright license, cannot use the material covered by the licence without direct permission from the copyright owners unless a special exception applies. These exceptions are outlined below.
There are a number of limited exceptions in the Act that allow copyright material to be used without permission.
• Fair dealing
The Copyright Act allows for a fair dealing with a work for the purpose of criticism or review, provided sufficient acknowledgement and identification of the work accompanies extracts copied.
An individual can also make a single copy of all or part of a work for research or study under the fair dealing provisions.
To determine what is fair, users must take into account the effect the copying will have on the potential market or value of the work, and the significance of the copied part in relation to the work as a whole. Any copy made for fair dealing purposes cannot be copied further.
• Copying of published works by schools
Section 44 of the Act allows schools to copy literary, dramatic, musical or artistic works for educational purposes within the following limits:
• one copy of all or part of a work can be copied for instructional purposes so long as no more than one copy of the work is made on any one occasion
• multiple copies of all or part of a work may be made so long as the copying is done by hand
• multiple copies of up to 3% or 3 pages (whichever is greater) of a work can be made so long as the copying is no more than 50% of the work (this means that only half of a poem, short story or article could be copied)
• no charge can be made for supplying the copy to students
• no copying is allowed from the same work within 14 days.
Section 46 allows schools to copy short passages from published works to include in compilations of non-copyright material within certain limitations, so long as there is sufficient acknowledgement of the work.
Section 49 allows schools to use copyright material to set and answer examination questions.
• Copying/recording of films, sound recordings and broadcast programmes
Section 45 allows schools to copy films and sound recordings to provide instruction on how to make films or sound-tracks. Sound recordings can also be copied to teach a language or where lessons are conducted by correspondence – provided there isn’t a licence available to cover this use. Schools cannot charge for supplying these copies to students.
Section 48 allows for copying from television and radio, provided a licence isn’t available. As Screenrights offers a TV and radio copying licence, schools cannot rely on this provision.
• Performance/showing of works
Under section 47 of the Act, students, staff members and people directly connected with the school’s activities can perform, play or show a literary, dramatic or musical work, or a sound recording, film or TV show in connection with instruction. To perform, play or show a work to a wider audience (including parents, guardians and the paying public), permission must be obtained from the copyright owner or the licensing body.