Copying Right in the educational sector Presenters include: Anthony Healey, Director, NZ Operations Australasian Performing Right Association Ltd (APRA) Kathy Sheat, CEO, Copyright Licensing Ltd Carmen Vietri, Solicitor, Copyright Licensing Ltd/Copyright Council Tony Eaton, Executive Director, NZ Federation Against Copyright Theft

August 2007 Copying Right in the educational sector 2 1.Copyright – an overview (10) 2.Statutory exceptions & proposed changes (20) 1.Fair dealing 2.Educational exceptions 3.Library provisions 3.Licensing 1.Music (APRA) (15) 2.Print works (Copyright Licensing Ltd) (15) 3.Broadcasts (Screenrights) (15) 4.Copyright infringement (15) 5.Discussion (30) Introduction

August 2007 Copying Right in the educational sector 3 What is Copyright? Property right: created by statute: No registration procedure Property right: created by statute: No registration procedure Protects original works in material form Protects original works in material form Literary, dramatic, artistic, musical works, typographical arrangementsLiterary, dramatic, artistic, musical works, typographical arrangements Films, communication works (broadcasts, cable programmes)Films, communication works (broadcasts, cable programmes) Protects exclusive rights of copyright owners to copy, publish, perform, show, communicate [broadcast], adapt/arrange or authorise such use Protects exclusive rights of copyright owners to copy, publish, perform, show, communicate [broadcast], adapt/arrange or authorise such use

August 2007 Copying Right in the educational sector 4 Who owns copyright? Author/creator of work generally first owner of copyright Author/creator of work generally first owner of copyright Except where Except where employee creates work in course of employment employee creates work in course of employment work commissioned and paid for (eg photograph, computer program, painting, drawing, diagram, film, sound recording) work commissioned and paid for (eg photograph, computer program, painting, drawing, diagram, film, sound recording) Reprographic/performance rights transferred to copyright collectives for centralised licensing services Reprographic/performance rights transferred to copyright collectives for centralised licensing services

August 2007 Copying Right in the educational sector 5 How long does copyright last? Copyright lasts 50 years Copyright lasts 50 years From end of year in which author/creator of literary, dramatic, musical or artistic work dies From end of year in which author/creator of literary, dramatic, musical or artistic work dies From end of calendar year in which sound recording/film/broadcast made From end of calendar year in which sound recording/film/broadcast made Publisher’s right in published work lasts 25 years from end of year in which work published Publisher’s right in published work lasts 25 years from end of year in which work published Works then in “Public domain” and free to use Works then in “Public domain” and free to use

August 2007 Copying Right in the educational sector 6 Copying rule Copying of all or part of a work without a licence orwithout a licence or without approval from the copyright ownerwithout approval from the copyright owner is an infringement of copyright unless there is a statutory exception to such infringementunless there is a statutory exception to such infringement

August 2007 Copying Right in the educational sector 7 Statutory exceptions  Permitted use  Fair Dealing  Educational exceptions  Library exceptions Legislators guided by international law (Berne/TRIPS) Legislators guided by international law (Berne/TRIPS) Exceptions confined to certain special cases that Exceptions confined to certain special cases that should not conflict with normal exploitation of work; andshould not conflict with normal exploitation of work; and should not unreasonably prejudice legitimate interests of authorshould not unreasonably prejudice legitimate interests of author

August 2007 Copying Right in the educational sector 8 Fair dealing Covers all works - print/digital/internet Criticism, review, news reporting (acknowledge) Criticism, review, news reporting (acknowledge) Research or Private study Research or Private study One copy only – cannot be copied furtherOne copy only – cannot be copied further Dependent onDependent on Nature of work copied Nature of work copied Whether available at reasonable price Whether available at reasonable price Effect of copying on market for/value of work Effect of copying on market for/value of work Significance of portion copied in relation to whole Significance of portion copied in relation to whole

August 2007 Copying Right in the educational sector 9 Educational Exceptions Literary, dramatic, musical, artistic & typographical works  One copy of the whole or part of a work for instructional purposes and use in a classroom* Up to 3% or 3 pages for students as long as no more than 50% of the work is copied** Up to 3% or 3 pages for students as long as no more than 50% of the work is copied** e.g. no more than 50% of an article, poem or short storye.g. no more than 50% of an article, poem or short story  Performance by or for students & staff No cost recovery from students permitted No cost recovery from students permitted *proposed changes will include digital copying but not communication of work ** proposed changes will include digital works/digital copying and communication of work

August 2007 Copying Right in the educational sector 10 Educational exceptions Sound recordings, films, broadcasts  Copying for purposes of making a film / soundtrack  Copying sound recordings for language lessons or lessons by correspondence  Playing or showing for instruction purposes, to students / staff Copying broadcasts − Screenrights licence Any work  Any use to set/answer exam questions

August 2007 Copying Right in the educational sector 11 Library exceptions Literary, dramatic, music works “Reasonable proportion” of a book “Reasonable proportion” of a book Article from periodical (more if on same subject) Article from periodical (more if on same subject) Includes artistic work only if contained in extract copied Includes artistic work only if contained in extract copied Single copy Single copy For research or private study For research or private study Must be a request to copy Must be a request to copy  Can not be copied further

August 2007 Copying Right in the educational sector 12 Proposed changes for libraries Digital copies permissible where Librarian provides notice of terms of useprovides notice of terms of use to person requesting copyto person requesting copy destroys any additional copy made in copying processdestroys any additional copy made in copying process

August 2007 Copying Right in the educational sector 13 What are Copyright collectives? Non-profit collective licensing organisations established and linked throughout world Non-profit collective licensing organisations established and linked throughout world Formed by groups of copyright owners Formed by groups of copyright owners Administer comprehensive repertoires of rights & provide centralised licensing services that benefit both user and copyright owner Administer comprehensive repertoires of rights & provide centralised licensing services that benefit both user and copyright owner Licence fees returned to © rightsholders Licence fees returned to © rightsholders APRA: Composers/Music Publishers APRA: Composers/Music Publishers CLL: Publishers/Authors CLL: Publishers/Authors Screenrights: Film producers/distributors, screenwriters Screenrights: Film producers/distributors, screenwriters PPNZ: Recording companies & artists PPNZ: Recording companies & artists Give schools and teachers more scope to use copyright Give schools and teachers more scope to use copyright

August 2007 Copying Right in the educational sector 14 Who is APRA? Australasian Performing Right Association Australasian Performing Right Association Non-profit association of composers, Non-profit association of composers, lyricists and their publishers Administers “performing right” Administers “performing right” public performancepublic performance broadcastbroadcast inclusion of musical works in cable programme serviceinclusion of musical works in cable programme service Reciprocal agreements with overseas performing right societies/world-wide repertoire Reciprocal agreements with overseas performing right societies/world-wide repertoire Over 4000 New Zealand composers Over 4000 New Zealand composers

August 2007 Copying Right in the educational sector 15 APRA Public Performance and Print Music Licence for Schools Covers musical performances/concerts by pupils, visiting musicians, low power radio broadcasts, music at socials/dances Covers musical performances/concerts by pupils, visiting musicians, low power radio broadcasts, music at socials/dances Covers performances in dramatic context (in primary schools) Covers performances in dramatic context (in primary schools) Does not cover grand right musicals or where music used in dramatic context and performed before paying audience Does not cover grand right musicals or where music used in dramatic context and performed before paying audience Permits photocopying of print music and choral works for use in classroom, for use in rehearsal or in performances by bands, orchestras, choirs Permits photocopying of print music and choral works for use in classroom, for use in rehearsal or in performances by bands, orchestras, choirs

August 2007 Copying Right in the educational sector 16 APRA Music Recording Licence (Audio & Video) Permits making of audio and/or video recordings of musical works: Permits making of audio and/or video recordings of musical works: For educational purposes of schoolFor educational purposes of school To supply students for private useTo supply students for private use Provided that recording is: Provided that recording is: Intended to be played at a school eventIntended to be played at a school event Of a school eventOf a school event For analysis by students as part of course of instructionFor analysis by students as part of course of instruction

August 2007 Copying Right in the educational sector 17 Who is CLL? Established 1988 Established 1988 Jointly owned BPANZ/NZSA Jointly owned BPANZ/NZSA Member International Federation of Reproduction Rights Organisation Member International Federation of Reproduction Rights Organisation Repertoire from RROs in Australia, UK, US, Canada, France, Germany and others Repertoire from RROs in Australia, UK, US, Canada, France, Germany and others Mandates from 275 New Zealand publishers and through them authors Mandates from 275 New Zealand publishers and through them authors

August 2007 Copying Right in the educational sector 18 Permits copying of extracts from hard copy/original books, periodicals and journals for students Permits copying of extracts from hard copy/original books, periodicals and journals for students Copying should be from original works owned by licensee and true to typographical format Copying should be from original works owned by licensee and true to typographical format Works copied should be acknowledged Works copied should be acknowledged Recovery of photocopying costs allowed Recovery of photocopying costs allowed Indemnity provided Indemnity provided Sampling surveys provide data for distribution of licensing fees to copyright owners Sampling surveys provide data for distribution of licensing fees to copyright owners CLL Licence

August 2007 Copying Right in the educational sector 19 CLL Licence Permits copying of 10% or one chapter from a book (whichever larger) 10% or one chapter from a book (whichever larger) 15 pages of all/part work in collection of works 15 pages of all/part work in collection of works One copy per student/teacher plus 10% margin for spare/lost copies One copy per student/teacher plus 10% margin for spare/lost copies One article from periodical publication - more if on same subject One article from periodical publication - more if on same subject An artistic work where included in above An artistic work where included in above Out of print/unobtainable works (CLL written approval required) Out of print/unobtainable works (CLL written approval required) Interloan copies if not available from any other source Interloan copies if not available from any other source Repeat copies for different course/class Repeat copies for different course/class

August 2007 Copying Right in the educational sector 20 Printed music Printed music Loose maps/charts Loose maps/charts NZ newspapers NZ newspapers House journals House journals Photographs/illustrations Photographs/illustrations Works prohibited from being copied under licence Works prohibited from being copied under licence Privately owned work (ie not published) Privately owned work (ie not published) CLL Licence Excludes copying from :

August 2007 Copying Right in the educational sector 21 Screenrights Licence Permits copying of anything broadcast on radio/television, free-to-air and pay-TV Permits copying of anything broadcast on radio/television, free-to-air and pay-TV For educational purposes only For educational purposes only Must be labelled with programme title, date broadcast and date copied Must be labelled with programme title, date broadcast and date copied Any one in school can copy, any time, anywhere Any one in school can copy, any time, anywhere Can copy in any format – VHS, DVD, CD, PC Can copy in any format – VHS, DVD, CD, PC Can make copies of copies Can make copies of copies Can show in class or library Can show in class or library Compilations of material copied can be made Compilations of material copied can be made Provide resources that cannot be bought Provide resources that cannot be bought Resources can be kept in library for future use Resources can be kept in library for future use

August 2007 Copying Right in the educational sector 22 Copyright infringement Copying/storing/putting online without authority Copying/storing/putting online without authority Issuing copies/communicating to others Issuing copies/communicating to others Adapting/translating work Adapting/translating work Criminal offence to make infringing copies of copyright works for commercial purposes Criminal offence to make infringing copies of copyright works for commercial purposes Offenders liable for civil/criminal action and fines up to $150,000 - prison term of up to 5 years Offenders liable for civil/criminal action and fines up to $150,000 - prison term of up to 5 years

August 2007 Copying Right in the educational sector 23 What is being done to stop infringement? Ministry of Education, Ministry of Economic Development, Copyright Council and copyright collectives involved in a “Copyright Awareness Campaign” to raise awareness in educational and other sectors Ministry of Education, Ministry of Economic Development, Copyright Council and copyright collectives involved in a “Copyright Awareness Campaign” to raise awareness in educational and other sectors Experiences of NZ Federation Against Copyright Theft (NZFACT) Experiences of NZ Federation Against Copyright Theft (NZFACT)

August 2007 Copying Right in the educational sector 24 What can you do to stop copyright infringement? Make sure teachers and staff aware of copyright Make sure teachers and staff aware of copyright Have appropriate copyright compliance procedures in place Have appropriate copyright compliance procedures in place Encourage respect for copyright by staff and students Encourage respect for copyright by staff and students Encourage creativity and ownership of intellectual property rights Encourage creativity and ownership of intellectual property rights

August 2007 Copying Right in the educational sector 25 What to be aware of Educational institutions are Internet Service Providers Educational institutions are Internet Service Providers If teacher/student puts infringing material on the website/intranet, they may be liable for copyright infringement If teacher/student puts infringing material on the website/intranet, they may be liable for copyright infringement Students make infringing copies of copyright works – DVDs, CDs, Books Students make infringing copies of copyright works – DVDs, CDs, Books Infringing material should be banned from the classroom Infringing material should be banned from the classroom

August 2007 Copying Right in the educational sector 26 What to be aware of Educational institutions are Internet Service Providers Educational institutions are Internet Service Providers If teacher/student puts infringing material on the website/intranet, they may be liable for copyright infringement If teacher/student puts infringing material on the website/intranet, they may be liable for copyright infringement Students make infringing copies of copyright works – DVDs, CDs, Books Students make infringing copies of copyright works – DVDs, CDs, Books Infringing material should be banned from the classroom Infringing material should be banned from the classroom

August 2007 Copying Right in the educational sector 27 Further information