Copyright Compliance Guidelines

Literary, dramatic, musical or artistic works, sound recordings, films, broadcasts and cable programmes are protected by the Copyright Act 1994 which provides copyright owners with the exclusive rights to copy or adapt the work, issue copies to the public, perform the work in public, show the work in public, broadcast the work or include it in a cable television programme. Dealing with copyright works, without a licence or the copyright owner’s approval, is likely to be an infringement unless there is a statutory exception allowing such use. 

 

To balance the rights between creators and users, the Act also provides a number of exceptions to copyright that allow for copyright works to be used by schools for educational purposes. Exceptions are also provided to allow for fair dealing of a work for criticism and review, research and private study, copying by prescribed libraries (including school libraries) and copying for handicapped readers.

Fair dealing for the purposes of criticism and review is permitted provided that sufficient acknowledgement and identification of the work accompany extracts copied. (S.42)

 

Fair dealing with a copyright work allows an individual to make a single copy of all or part of a work for research or private study in certain circumstances. To determine what is fair, users must take into account the effect the copying will have on the potential market for or value of the work, and the significance of what is copied in relation to the work as a whole. Any copy made for fair dealing purposes cannot be copied further.

Under Section 44 of the Act, schools may copy literary, dramatic, musical or artistic works for educational purposes within the following prescribed limits:

 

§         one copy of the whole or part of a work may be copied for instructional purposes as long as no more than one copy of such work is made on any one occasion;

§         multiple copies of the whole or part of a work may be made where the copying is not by reprographic process (ie copying by hand);

§         multiple copies of up to 3% or 3 pages (whichever greater) of a work may be copied as long as such copying amounts to no more than 50% of the work. This means that no more than half of a poem, short story or newspaper article or other work can be copied;

§         no charges can be made for supplying copies of such material to students;

§         no copying is allowed from the same work within 14 days.

 

If the copying permitted above incidentally includes an artistic work, then copyright in that work is not infringed.

 

Section 46 of the Act provides for schools to copy short passages from published literary, dramatic or musical works for inclusion in compilations of non-copyright material prepared by the school within certain limitations as long as they are accompanied by sufficient acknowledgement. 

 

Section 49 of the Act allows schools to use copyright material to set and answer examination questions.

 

Authority to copy or use copyright material beyond these limitations must be obtained from the copyright owner or from the appropriate licensing body.

Under Section 45 of the Act, schools may copy films and sound recordings to provide instruction on how to make films or film sound-tracks.   Sound recordings can also be copied to providing instruction in the learning of a language or where lessons are conducted by correspondence where such copying is not covered by a licensing scheme made available to schools. No charge can be made for supplying copies of such material to students.

 

Section 48 of the Act allows recordings to be made of broadcast or cable programmes for educational purposes where licences authorising such use are not available. As a licensing scheme to copy from television broadcast programmes is available to schools through the NZSTA One Stop Shop, and all schools should be aware of that fact, this provision can no longer be relied upon to copy television programmes.

Under Section 47 of the Act, students, staff members and those directly connected with the activities of a school are permitted to perform, play or show literary, dramatic or musical works in the course of school activities. Sound recordings, films, broadcast or cable programmes can also be played or shown for instructional purposes to students, staff members or those directly connected with the activities of the school. To perform, play or show works to a wider audience (including parents, guardians, the paying public etc.), authority must be obtained from the copyright owner or from the appropriate licensing body.

There are large networks of copyright collecting societies operating throughout the world that provide licensing services to public and private users of copyright material so that they can copy from books and periodicals, printed music and television broadcasts or provide performances of musical works for educational, entertainment or other purposes. These licensing services provide a legal means of copying copyright material at reasonable cost whilst ensuring that creators receive appropriate remuneration for the use of their work which encourages them to continue creating. The following licences are offered to schools through the New Zealand School Trustees Association under the One Stop Shop Licensing Scheme:

 

APRA/PPNZ - Music Licences:  APRA/PPNZ provides licences that cover the public performance and photocopying of print music under one licence and the recording (audio/video) of music under another. Further information can be obtained by telephoning (09) 623 2174.

 

CLL - Print Photocopying Licence:  CLL provides a licence that allows for photocopying of extracts from books, newspapers or periodicals beyond that allowed under the Act. Further information can be obtained by telephoning 0800 480 271 or visiting CLL

 

Screenrights - Licence to Copy from Television:  Screenrights provides a licence allowing copying of programmes from television. Further information can be obtained by telephoning 0800 44 23 48 or visiting www.screen.org