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  • Note: The copyright information contained on this site is general and for information only.

    For legal advice, please consult a solicitor.

 

FAQs: Copyright and using audio or audio-visual content

Refer also to the Teaching page on this site for more information.

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Can I show material found on the Internet or from YouTube to my class?

Unless we can be absolutely sure that the footage on YouTube or on any other internet site is put there by the copyright owner (maybe an individual, an organisation, a company) it is safer not to play, download or copy the YouTube or other internet content. We also can't direct students to play or download it for themselves, as this could be seen as the University authorising the students to infringe copyright.

However, if it is clear that the internet content isn't infringing (for example, film footage provided by the London zoo (ZSL) for display on YouTube, where they hold the copyright and are seeking to promote their activities through YouTube) we may be safe to show that footage in a class, just as we might display any other non-infringing website or DVD film during an actual class (ie don't copy or download the content but just access it in class). (Section 28 of the Australian Copyright Act provides for this where the audience is limited to staff and students involved in educational instruction and no fee is charged).

It may be difficult to tell whether online content is authorised by the copyright holder or not. You can seek advice from the copyright office for use of this material.

If you have to agree to terms of use to access content on the internet, those conditions would have to be followed eg they may only allow 'personal use'. This would not cover showing material in lectures.

The 'user terms' attached to the YouTube site at Youtube terms of use
begin with the words "By using and/or visiting this website (collectively, including all content and functionality available through the YouTube.com domain name, the "YouTube Website", or "Website"), you signify your agreement to (1) these terms and conditions..."
Although there is no 'click to agree' to these terms, you may still be subject to them, so be aware of the limits imposed by these conditions of use.
One limitation is that users are supposed to stream directly or link to YouTube. The terms of use do not allow downloads of material found on YouTube. You can embedd them in your moodle site or presentation instead. See Embed a YouTube video

In some cases it will simply be safer to play (in class) video content that is from legitimately purchased DVDs or recorded from a broadcast under the Screenrights Licence. For advice on where to obtain copies, refer to the information at Teaching (sound and vision section)

Can I show DVDs or play CDs in class if I'm doing so to demonstrate something I'm teaching?

Yes, the Copyright Act does provide an allowance (the 'play-in-class' allowance, section 28 of the Act) whereby staff (or students) may play a legitimate DVD, video or CD in class for the purpose of educational instruction. You may also show legitmiate copies (not illegally downloaded) that you have purchased or that you have borrowed and the terms of borrowing allow for showing to a class.

TV or radio broadcast programs and pod/vodcasts copied/downloaded under the Part VA 'Screenrights' licence can similarly be played in class and, under this Part VA licence, we can also make further copies for educational purposes or make this broadcaster content available in Moodle if required.

In all cases the audience must be limited to students and teachers involved in the course or unit, or to people who are otherwise directly associated with the unit or the University.

This allowance does not extend to playing the DVD or CD for purposes unassociated with a particular course or unit of study (ie, club film nights, promotional activities of the University) or where members of the public are included in the audience. Note also that if you had agreed with a supplier or vendor to use the DVD/film content only for private domestic performance or 'home viewing', then the special allowance won't apply and playing the content in a class may breach your contract with the vendor/ supplier.

Can I play music found on the Internet?

If the source website is offering the music legitimately (with the authorisation of the rights holder) and you did not have to be a subscriber to the site, or enter into any terms of use to access the music on the site, then the 'play-in-class' allowance in the Copyright Act enables you to play (stream) this music during a class, 'live' from the source site. This allowance will not, however, allow you to download (copy) the music. For downloading/purchasing (and any ensuing use of the file) you will need to check the website terms and conditions. Make sure you read these terms carefully; see if they restrict usage to particular limited uses (ie personal or private use only). Note that music downloads on P2P sites are often unauthorised (ie pirated music) and must not be used for any university activity.

The library provides access to legitimate audio and audiovisual music databases that can used as long as the audience is restricted to students and staff of Monash. Two of the largest are Naxos and the Music Online. Others can be found at Music Databases. Any questions about the use of these databases can be directed to the Music Librarian.

Can I play music in class?

Yes, you can play a legitimate copy of a CD, DVD, record or other music file to a class in the course of giving or receiving educational instruction. However, the audience must be limited to students and teachers who are taking part in the instruction or to people who are otherwise connected with the University.

If the source website is offering the music legitimately (with the authorisation of the rights holder) and you did not have to be a subscriber to the site, or enter into any terms of use to access the music on the site, then the 'play-in-class' allowance in the Copyright Act enables you to play (stream) this music during a class, 'live' from the source site.

However if you are using music downloaded from a website, those music downloads must be authorised by the copyright owner for some kind of educational or class use (not just personal or private use). Read the terms of use on the website where you downloaded/purchased the music: see if they restrict usage to particular uses (ie personal or private use only). Note that Music downloads on P2P sites are often unauthorised (ie pirated music) and must not be used for any university activity.

You can also use licensed audio and audiovisual music databases provided by the library. Two of the largest are Naxos and the Music Online. Others can be found at Music Databases. Access to the databases must be restricted to students and staff of Monash only. Any questions about the use of these databases can be directed to the Music Librarian.

Note If you hired or purchased a CD or music file and the hirer or seller provided it on the condition that it is only used privately or for domestic use, it may be breach of contract to use it in class. This could apply to itunes music, where it is provided for personal use only.

Can I record TV or radio programs at home then use them in my teaching?

Yes, programs can be recorded at home by staff, under the Screenrights Part VA licence but the disks/tapes must be labelled as follows, to comply with the licence:

Made for Monash University under Part VA of the Copyright Act 1968.
This program was transmitted on [insert date, time & channel].
This copy was made on [insert date].

If the digital recording is saved as a file (rather than onto a tangible format like a disk) you will not have to attach the above notice but you will, instead, need to display the Part VA Screenrights warning notice so that viewers see this notice before or at the same time as the recorded content plays on screen.

What is the Screenrights-Part VA licence?

The Screenrights licence is an educational statutory licence established within Part VA of the Copyright Act 1968. Under this licence, broadcast material can be copied for the educational purposes of Monash University, including podcasts of broadcast content made available by the broadcaster on their website. As a result of various international intellectual property treaties (WIPO, Rome Convention), the podcasts made available on certain foreign broadcaster websites are also able to be used in reliance on the Part VA Screenrights licence. But note that not all countries are included

Can I make another copy of a program I have recorded (or someone else in my department has copied from TV) for a colleague at another university?

Yes, provided that their university is also operating under the Screenrights licence. Their copy will have to be marked in the usual manner. Those participating in the Screenrights licence are not permitted to loan their own copies but may make first or further copies on behalf of another participating institution for 'educational purposes' of that institution, including:

  • use to teach students;
  • making the copy available to students as part of a course of study at the University; and
  • retention in the University library or elsewhere (eg by a staff member) as a teaching resource

The copies cannot be sold or otherwise supplied for a financial profit; or given to an educational institution which does not have a current licence under Part VA.

Can a student bring in a copy of something they've recorded from TV at home to show in class?

Yes, but if the copy is then retained by the staff member it will have to be marked in the usual manner to make it a legitimate Screenrights copy (and preferably held on the University premises whilst in use during semester, in case we are sampled by Screenrights). For labelling requirements refer to the question above 'Can I record TV or radio programs at home..?' and the see the information on the Teaching page (sound and vision section)

Can I put content online from a program recorded at home by one of my students?

Yes, but the recording must display the Part VA Screenrights warning notice before or at the same time as the content is able to be accessed. You also need to keep a record of this 'communication online', in case we are sampled by Screenrights (an appropriate record would include: program title, broadcast source details, duration of program or excerpt thereof, date broadcast, date copy made and date communicated).

Can I put a segment from a 'Screenrights' recorded TV program onto a public Monash website?

No, broadcast content made available online in reliance on Part VA must not be available for access by the general public. Only staff and students of the University or of another university with a current Screenrights Licence can have access to content recorded in reliance on Part VA. To make the content available on the public Monash web you'll need permission from the broadcaster.

How can I find out if there are relevant programs on TV?

Enhance TV is a website run by Screenrights that allows staff to browse the week's TV viewing or search for relevant TV programs by subject category. 

Staff can order copies of broadcasts through the relevant subject librarian - and refer to the information at Teaching (sound and vision section)

The Library also has a subscription to TVNews database(backfile only) or OnDemandMedia and EduTVwhich contains Australian documentaries, news and current affairs programs like 4 Corners, Australian Story and A Current Affair.

The off-air recording unit at Queensland University of Technology can also record material on your behalf or may hold copies of recent material from TV relevant to your course (TV from the last 28 days). Contact: QUT off-air recording service

What happens if I missed out on recording a program? Can I still get hold of a copy?

Yes, it may be possible, depending on the circumstances. You may be able to purchase a copy from another 'Screenrights' university or from QUT off-air recording service or EnhanceTV or Request TV. These services have an extensive catalogue of taped material for sale, and provide search functions to assist in identifying desired content. This method of obtaining off-air recordings is usually cheaper than obtaining the same content directly from the TV station that originally broadcast the program.

Our department has copies of programs. Can they be used?

Any copies of radio and television broadcasts - meaning recorded from TV or radio under the Screenrights licence (ie not purchased series from retail outlets) - can be used for the educational purposes of the University, provided they comply with the usual licence requirements: ensure the VA label is displayed on the physical copy; limit access to staff and students; and (for electronic formats) ensure the Part VA Screenrights warning notice is displayed before or at the same time as the content is viewed on screen.

I need to show scenes from TV shows or films for my teaching. Can I edit or copy a DVD of this material?

You can show scenes from TV shows or films in class for teaching purposes, as long as the copy is legitimate (not a ‘pirated’ copy) and the audience is made up of students in the class only (the 'play-in-class' allowance, section 28 of the Act) . Refer to Using sound and vision on the Teaching page.

There is no blanket exception in the Copyright that allows copying of audio visual material for teaching, unless the material is copied from a broadcast under the Screenrights licence. If you want to copy or edit a DVD (ie a purchased or 'commercial' DVD, like those available through retail outlets or educational suppliers) you would normally need permission from the copyright holder. The exception would be where the DVD in question is actually a TV broadcast that was recorded or copied in reliance on our Screenrights licence (see Using sound and vision on the Teaching page). In very rare cases the University might also rely on the ‘special case’ allowance (Section 200AB of the Copyright Act) to make a copy but reliance on this 'special case' allowance depends heavily on meeting very stringent requirements. Please contact the Copyright Adviser if considering this activity.

Even if the copying is a 'special case' (section 200AB), it still may not be legal (or possible) to copy the material if it requires circumventing copy protection like CSS. This kind of copy protection may prevent you copying any commercial DVDs for example (see FAQs on using content protected by Technological Protection Measures (TPMs) or Digital Rights Management (DRMs) . Please contact the Copyright Adviser if considering this activity.

I want to put a copy of a TV program or DVD that is relevant to my class online. Can I do this?

No, not if the TV program or DVD is from a commercial source, even if it is legitimately purchased. There is no blanket licence that allows you to copy and place online audiovisual material for educational purposes. You can show the material live in class if it is from a legitimate source but it cannot be made available online for download or streaming for students.

There are alternatives: 1. You can stream or make available for download material copied under the Part VA Screenrights Licence, as long as access is restricted to only students and staff of Monash (authcate protected) and you include the copyright warning notice before the material comes up.

2. You can source Australian documentaries, news and current affairs shows (eg Australian Story, Four Corners) that are available online from the TVNews database(backfile only) or OnDemandMedia and EduTV. These programs can be streamed, downloaded and linked to for students to access directly. This content is available through the Screenrights licence so must be authcate protected.

3. You can link to or embedd legitimate Youtube content or material placed online for promotional purposes by the copyright owner (eg trailers found on studio sites, extracts of TV shows on their official websites). Note: Much TV and movie content on Youtube is not legitimate and you should not link to this infringing material.

4. You could contact an educational supplier of DVDs for streaming to your class for example Kanopy Streaming Service

5. You can contact the copyright owners to ask for permission to use the material in class. See seeking permission and permission template letters are available in the Resources and downloads section of this website.

I want to create a podcast/vodcast for my class. What material can I use? Can I use music that I own? What about footage from DVDs or TV?

For audio material: If you only want to share the podcast with your class you can use material under the educational licences and exceptions. The Universities Music Licence agreement permits the copying and online streaming of certain types of music and sound recordings for educational purposes. Refer to the detailed information about Music Licence.

The library contains licensed audio and audiovisual music databases that can be linked to in moodle or from lecture slides. Two of the largest are Naxos and the Music Online. Others can be found at Music Databases. Access to the databases must be restricted to students and staff of Monash only. Any questions about the use of these databases can be directed to the Music Librarian.

Another source of music is radio broadcasts. These can be used under the Screenrights Licence. Music recorded from radio can also be downloaded and edited (unlike music under the Music Licence) and may allow for more flexible uses., as long as use is restricted to authcate access only.

But if you want to release the podcast more widely, these will no longer apply. You would need to seek permission from the copyright owners to use their music or use free for education resources. For a list of these resources see Creative commons Music Please check terms and conditions as they may differ depending on the material.

For audio-visual material: You cannot copy material from DVDs, even those that you bought yourself, because there is no educational licence that covers audiovisual material. You would have to seek permission from the copyright owners.

You can use material copied from TV under the Part VA Screenrights Licence, as long as access is restricted to only students and staff of Monash (authcate protected) and you include the copyright warning notice before the material comes up. You can also use Australian documentaries, news and current affairs shows from the TVNews database. However, if you want to make the vodcast more widely available (post on Youtube or teachertube, you will not be able to use material under Screenrights, or the TVNews database. Again you would need to seek permission from the copyright owners.

You may be able to use legitimate material found on Youtube, but unless there is some specific licence mentioned on the Youtube site from the copyright owners who posted it, you would need to contact the copyright owners directly to ask for permission. Youtube are not the copyright owners of material posted to their site so may not be able to give permission for reuse of material found on Youtube. Just because there is content posted online, doesn't mean you can use it in your vodcast, unless the legitimate copyright owner gives explicit permission to reuse it on the website. Otherwise you need to seek permission to use it.

There is some material that is made available especially for education or that will allow non-commercial use. See Legitimate screen or audiovisual content online But please check terms and conditions as they may differ depending on the material and the use you want to make of it. Or you can purchase stock footage from Stock footage libraries to use in your vodcast..

Can I show a movie for a club, society fundraiser? Can I show a movie if we are not charging an entry fee?

As soon as the audience for a movie screening is outside the classroom context, then you need a licence from the film distributors. This applies even where the screening is free or for charity. Roadshow provide permission for a lot of film distributors. Contact licensing in Sydney 02 9552 8685 and refer to the information (including FAQs) at their dedicated website - Roadshow Public Performance Licensing. Amalgamated Movies licence Sony, Tristar, Madman, Screen Gems, Ronin and Columbia Pictures. Contact vic@amalgamatedmovies.com or (07) 4787 1086

Send an email inquiry to the University's Copyright Adviser.