Under Part VA of the Copyright Act, Universities are licensed to make tape recordings of television and radio broadcasts for educational purposes.
ECU is no longer required to keep records of these tapes, but they must be stored in a manner that makes it clear the recordings are owned by the University and they may only be used for educational purposes.
All licensed off-air broadcast recordings must have the tape marked with:
There have been no other recordkeeping requirements since 13 July, 2001. Therefore, any records we do keep only need to be consistent with ECU’s policies.
Any reproduction under the Part VA licence must feature the Part VA Notice contained in the Copyright Regulations prior to or at the commencement of the broadcast. To download the Part VA Notice, see 'downloads' on this page.
We don’t need to add tapes to the library collection, other than if required by policy.
The question of whether it goes into the library collection depends on its information value and likely future demand. The Library - Multimedia Resources should be notified when licensed copies are made so they can assess whether it should be in the collection.
The tape can only be used for educational purposes. Including it in the library collection would meet that aim, but this is not essential.
If lecturers wish to store official copies, they should be kept on University premises, not at home. They can still be taken home on an ad hoc basis to prepare for a lesson, but should not be kept there.
A lecturer can make a preview copy or even a licensed copy at home, but, in the words of the Copyright Act, the recording must be by, or on behalf of, ECU.
A preview copy must either be destroyed or converted to a licensed copy (by appropriately marking) within 14 days. Destruction would include taping over; it should not be necessary to physically destroy preview tapes within this period.
If neither is done, the tape becomes an illegal recording – retrospectively from the time it was created – and can neither be kept on ECU premises nor be used for ECU purposes. If a tape is used for other than educational purposes it will also become an illegal recording retrospectively from the time it was created and can neither be kept on ECU premises nor be used for ECU purposes. Licensed copies can be destroyed, but the recording must be destroyed – it cannot be transferred to a staff member's private collection, for example.
Under no circumstances may copies be made of purchased or hired audio visual material such as video tapes, DVDs, CDs, etc. Under certain circumstances these may be played in class, but they cannot be copied or communicated under the Copyright Act.
ECU Copyright Officer
Office of Legal Services
Telephone: (61) 8 6304 2016
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