using Text & Images
In this section you will find user-friendly information sheets and Frequently Asked Questions (FAQ's) relevant for those using Text & Images in Educational Institutions.
Related Info Sheets
Related FAQs
Can we copy previous editions of books under Part VB?
The provisions in Part VB usually only allow you to copy 10% or 1 chapter of something like a book. You can copy more than this if copies of the book aren’t available in a reasonable time at an ordinary commercial price.
In many cases, different editions of a book such as a textbook are quite different, so in copyright terms would be different “works”. Publishers don’t usually keep older editions available, so in most cases you will be able to copy more than the usual 10% or one chapter of these older editions – even all of it if you need it for your institution’s “educational purposes”.
So, to work out how much of a particular edition you can copy, there are really two things you’ll need to check on: are there real differences between the edition you want and the edition that’s now available?; and, is the old edition now unavailable (other than second hand)?
Can we load an audio book into our content or learning management system in order to give students online access?
Assuming that the contract under which you bought the audio book doesn’t specifically permit you to load it into a content/learning management system or onto an intranet, you will usually need to contact the relevant publisher or producer to see whether it will give you permission.
In some rare cases, you may be able to rely on the “special case” or “flexible dealing” provision (section 200AB) but this is unlikely to be the case where:
copies of the audiobook are commercially available (in these cases, buy however many copies you need for the students to use offline, such as in the library or on their iPods); or
the publisher licenses this type of use (contact it to find out).
Also, you should not in our view rely on section 200AB if the terms and conditions under which you bought the audio book specifically prohibit making it available online or over intranets.
Can we transfer the contents of a DVD we have purchased onto Clickview?
In some cases, you may be entitled to transfer audiovisual content into Clickview. You can, for example, do this with material copied from TV or radio under the Part VA provisions in the Act administered by Screenrights, and in other cases you may be able to do this with commercial copies of AV material.
The difficulty with commercial DVDs, however, is that they are usually protected by an access-control technological protection measure (such as CSS); the fact that you otherwise might be able to rely on section 200AB doesn’t permit you to circumvent this protection.
The best way to proceed in these cases is to see whether you can acquire a copy of the item from TV under Part VA (for example, from another educational institution or from a resource centre), or whether a copy is commercially available in a file format you can use in your system. In the event that copies are not available from these sources, you might be able to find a video version to use – we understand that the technological protection copyright owners use with videos is not an “access control”, and you are not prevented from circumventing this type of protection if you are able to rely on section 200AB.
How many articles from the one issue of a periodical can we put onto our Learning Management System?
Under the schemes in Part VB of the Act, for any one course, you can only put one article from an issue of a periodical into your Learning Management System, or more than one from the same issue if the articles are on the same topic.
There are different views as to whether the schemes in Part VB allow you to have articles on different topics from the same issue in the Learning Management System at any one time (for example, for students in different courses), so you should contact your own copyright adviser to see what view your institution takes on this.
Also, if you have acquired your periodical electronically (and particularly under a subscription agreement), check whether the terms and conditions of your licence either limit or extend what you can do under the Copyright Act.
Can we post all the articles from a periodical into our Learning Management System if the issue is a special issue?
Part VB allows you to upload into your LMS those articles that are on the same subject matter.
In the event that there is a special issue of a periodical (for example, the periodical “Frogs Today” has a special issue on habitat), you will be able to upload all those articles that are on the same subject matter (in this case, all those that are on habitat).
Part VB allows you to upload into your LMS those articles that are on the same subject matter.
In the event that there is a special issue of a periodical (for example, the periodical “Frogs Today” has a special issue on habitat), you will be able to upload all those articles that are on the same subject matter (in this case, all those that are on habitat).
Who owns copyright in school photographs?
As noted above, who owns copyright in a photograph is usually determined by the agreement between the photographer and the client. If the issue is not covered by an agreement, then copyright is usually owned by the photographer unless the photograph was taken in return for a fee or other “valuable consideration”. If the photograph was commissioned before 30 July 1998, the client owns copyright only if the photograph was taken for a “private or domestic purpose”. If the photograph was taken for a student to take home, it is likely it was taken for a “private or domestic purpose”.
If a photographer takes photographs in a school “on spec”, without an agreed payment but in the expectation that students will buy prints, it is likely that copyright is owned by the photographer.