115. Use of broadcasts for educational purposes

The making of a record of a sound broadcast or a cinematograph film of a television broadcast or of a cable programme does not constitute an infringement of copyright in a work or sound recording or cinematograph film included in the broadcast or programme, or an infringement of copyright in the broadcast or programme, if —

(a)

the record or cinematograph film is made by, or on behalf of, the person or authority in charge of an educational institution; and

(b)

the record or cinematograph film is not used except in the course of instruction at that institution.[Aust. 1968, s. 200]

Terms defined in s 7

broadcast
Defined · s 7
“broadcast” means broadcast by wireless telegraphy, and “broadcasting” shall have a corresponding meaning;
Open s 7
cable programme
Defined · s 7
“cable programme” means a programme which is included in a cable programme service;
Open s 7
cinematograph film
Defined · s 7
“cinematograph film” means the aggregate of visual images embodied in an article or thing so as to be capable by the use of that article or thing —(a)of being shown as a moving picture; or(b)of being embodied in another article or thing by the use of which it can be so shown,and includes the aggregate of the sounds embodied in a sound-track associated with such visual images;
Open s 7
educational institution
Defined · s 7
“educational institution” means —(a)a school or similar institution at which one or more of the following is provided:(i)full-time primary education;(ii)full-time secondary education;(iii)full-time pre-university education;(iv)such other full-time education as may be prescribed by regulations made under this Act;(b)a junior college, a university, a college of advanced education or a technical and further education institution;(c)an institution that conducts courses of primary, secondary, pre-university or tertiary education by correspondence or on an external study basis;(d)a school of nursing;(e)an undertaking within a hospital, being an undertaking that conducts courses of study or training in —(i)the provision of medical services; or(ii)the provision of services incidental to the provision of medical services;(f)a teacher education centre;(g)an institution that has, as its principal function, the provision of courses of study or training for the purpose of —(i)general education;(ii)the preparation of persons for a particular occupation or profession; or(iii)the continuing education of persons engaged in a particular occupation or profession;(h)such other institution at which education is provided as may be declared by regulations made under this Act to be an institution to which this paragraph applies;(i)an undertaking within a body administering an educational institution of a kind referred to in paragraphs (a) to (h), being an undertaking that has as its principal function, or as one of its principal functions, the provision of teacher training for persons engaged as instructors in educational institutions of such a kind, or of 2 or more such kinds;(j)an institution, or an undertaking within a body administering an educational institution of a kind referred to in paragraphs (a) to (i), being an institution or undertaking that has as its principal function, or as one of its principal functions, the furnishing of materials to educational institutions of a kind referred to in paragraphs (a) to (i), or to educational institutions of 2 or more such kinds, for the purpose of assisting those institutions in their teaching purposes,but does not include an institution that is conducted for the profit, direct or indirect, of an individual or individuals;
Open s 7
institution
Defined · s 7
“institution” includes an educational institution;
Open s 7
programme
Defined · s 7
“programme”, in relation to a cable programme service, includes any item included in that service;
Open s 7
record
Defined · s 7
“record” means a disc, tape, paper or other device in which sounds are embodied;
Open s 7
sound broadcast
Defined · s 7
“sound broadcast” means sounds broadcast otherwise than as part of a television broadcast;
Open s 7
sound recording
Defined · s 7
“sound recording” means the aggregate of the sounds embodied in a record;
Open s 7
television broadcast
Defined · s 7
“television broadcast” means visual images broadcast by way of television, together with any sounds broadcast for reception along with those images;
Open s 7
work
Defined · s 7
“work” means a literary, dramatic, musical or artistic work;
Open s 7

Report

Read on from s 115A