What is a broadcast?
A broadcast is a wireless transmission capable of being lawfully received by members of the public or for presentation to members of the public, including radio and television broadcasts but excluding the actual content of the broadcast (which is covered by combinations of other types of copyright work).
The owners of copyright in broadcasts have the exclusive right to make copies of a broadcast and show the broadcast.
Under the Copyright Act:
- a broadcast may be copied by a teacher or student for research or private study
- as a licensing scheme exists in relation to the recording of broadcasts by educational establishments for educational purposes, the statutory exception relating to recording broadcasts for educational purposes does not apply
- a broadcast may be shown by a student or staff member at an educational establishment for the purpose of instruction.
Remember that you may not be able to place one complete copy of a work on a school Intranet. This may amount to authorising multiple copies of the work, and would not be covered by the exceptions or permissions that allow only one copy of a work to be made, or multiple copies of only part of a work to be made.
The Copyright Act permits a person to record a programme from television so they can watch it later at home. This is called 'time-shifting'.
This exception does not permit use of the recording for educational purposes. A teacher or student cannot show at school something they recorded from television at home unless their school has a Screenrights broadcast licence.
Copying a broadcast for the purpose of research or private study
This exception allows fair dealing with a sound recording for a person's own research or private study. When considering whether a particular instance of copying amounts to fair dealing for the purpose of research or private study, the following considerations must be taken into account:
- the purpose of the copying
- the nature of the work copied
- whether the work could have been obtained within a reasonable time at an ordinary commercial price
- the effect of the copying on the potential market for, or value of, the work
- the amount and substantiality of the part of the work copied in relation to the whole work.
This exception does not permit the making of multiple copies of a work (that is, more than one copy of the same work or part of the work on the same occasion). Accordingly, you cannot direct your students to each make a copy of the same material, as that is equivalent to authorising the making of multiple copies.
Recording broadcasts for educational purposes
As a licensing scheme exists in relation to the recording of broadcasts by educational establishments for educational purposes, the statutory exception relating to recording broadcasts for educational purposes does not apply.
Showing or playing a broadcast for instructional purposes
This exception allows a student or teacher to show or play a broadcast in a school, for instructional purposes, provided that the audience consists only of teachers, students and others directly associated with the activities of the school. This means that you may not show a broadcast in any public event at the school.
You may not show a broadcast in your school simply for entertainment purposes. For example, you can show a broadcast of the film Shakespeare in Love when it relates to your drama course, but you may not show it to your drama class merely to entertain them at the end of term.
You may not show broadcast in your school to an audience that includes parents, siblings, or other members of the public. For example, you cannot show a broadcast as part of a school fundraiser for friends of the school. While the money may be for an educational purpose, such a showing is considered to be a showing in public which breaches the Copyright Act.
Licences
You may copy programmes for use in lessons if your school holds the following licence:
