copyright for Education sectors

Rights of education sector before the amendment

Section 38
Allows the use of copyright works, to a reasonable extent (fair dealing), for research and private studies.

Section 39
Allows the use of copyright works, to a reasonable extent (fair dealing), for criticism, review and news reporting.

Section 40
Allows the incidental inclusion in an artistic work of sound recording, film, broadcast or cable programmes.

Section 41
Allows teachers (but not students) to use copyright literary, dramatic, musical or artistic works in the course of giving instruction and for the purpose of examinations (e.g. setting questions).

Section 42
Allows the inclusion of a short passage from a published literary or dramatic work in a collection for educational purposes, provided that the collection comprises mainly materials in which no copyright subsists and the copyright work is probably acknowledged.

Section 43
Allows schools to use literary, dramatic or musical work in a school performance attended by teachers and students only.

Section 44
Allows schools to record broadcast or cable programmes provided that there are no licensing schemes available.

Section 45
Allows teachers to make photocopies of copyright printed works, to a reasonable extent, for the purpose of giving instruction provided that there are no licensing schemes available.

Impacts of the copyright Bill 2007 on Education Sector

Section 35B

• Educational establishments (including their libraries) may now import or own parallel imported copies of copyrighted works.

• No liability as long as the copies are only used by the educational establishments for their own internal educational or library purpose.

Section 40C

To allow the making of specially adapted copies of copyright works for persons with a print disability without infringing the copyright of the works concerned on condition that:

(a)  The adapted copies cannot be obtained at a reasonable commercial price;

(b)  The relevant copyright owner is notified within a reasonable time before or after the specially adapted copies are made or supplied to persons with a print disability. 

Section 41A

“Fair dealing” provisions added to allow teachers and students to use copyrighted materials, paying attention to these conditions:

• The purpose and nature of dealing (non-profit?)

• The nature of the work (what it is)

• The amount and substantiality of the portion compared to the work as whole (how much used?); and

• The effect of the use on the potential market for or value of the work.

Section 43

• Previously only teachers and students could watch or listen. The scope of the audience has now been extended to:

• Parents or guardians of the students

• Persons directly connected with the activities of the educational establishment.

Section 51

Librarian or Archivist may make a copy from any item in the permanent collection

• To preserve or replace that item; OR

• To replace an item that has been lost, destroyed or damaged. On condition that it is not reasonably possible to purchase a copy of that item in the market.