Audio Visual Copying and Communication

Part VA licence allows educational institutions to:-

  • copy from radio, TV and satellite broadcasts
  • copy entire programs
  • make compilations for class use
  • make additional copies for educational purposes

The Part VA licence includes a right of communication.  If communicated the Electronic Communication Notice must accompany the communication.

Record keeping and marking requirements - AV material

Each transmission copy must be marked on the case or cover with:-

  • name of institution - will normally be made for USQ
  • reference to Part VA of Copyright Act
  • date transmission commenced
  • if the copy was made on a different day, date copy was made
  • must be remarked every 12 months

Preview copies

  • solely for the purpose of review of a radio or TV program
  • 14 day limit for review, after which must be destroyed
  • if retained, the copy must be then marked

Showings and screenings of DVDs, films and sound recordings

  • must take place as part of educational instruction
  • those present must be taking part in that instruction
  • the educational instruction must not be given for profit

Copying AV material not commercially available

  • unless material was taped or recorded, it may not be copied even if not commercially available
  • libraries may make copies if material is lost, stolen, deteriorated, damaged AND not commercially available

The Audio-Visual Copying Guidelines (revised as at 12 September 2001) cover all of these issues in detail.

Failure to follow these guidelines could lead to copyright infringement action.

As a result of an agreement entered into by the USQ in July 2001, staff are no longer required to keep full records of audio-visual copying unless the USQ is being sampled.  This is likely to be for a 6 or 12 week period once every 4 or so years.  Every staff member will, however, be required to comply with other obligations all year round. 

A flowchart on How Part VA of the Copyright Act Applies is available as a reference.

Note:  Linked documents are in Microsoft Word format