Copyright, copying and duplication issues and how they relate to educational programs bought in VHS, DVD and digital format
Customers do not have the right to duplicate (VHS to VHS, DVD to DVD, etc.) or transfer a VHS or DVD copy of a program they have bought from Marcom Projects into another format. Educational institutions do have a number of rights that differentiate them from corporate or private organisations, but this is not one of them.

The Australian Copyright Council website www.copyright.org.au contains definitive and helpful downloadable information. The Council also provides a number of information sheets and sells various relevant publications. The information provided by the Council is clear and unambiguous.

There seems to be a degree of confusion within some educational institutions because copyright laws differ between what is recorded from television and programs that are purchased from an educational supplier. The screenrights licence for programs recorded from TV does not apply to programs bought specifically for educational purposes. The Australian Copyright Council has an information sheet called Educational Institutions: Introduction to Copyright (G48) which on page 3 stipulates requirements for copying material from TV for educational purposes. Further to this, it states “These provisions do not, however, allow educational institutions to copy commercially produced copies of films (for example, to convert VHS to DVD).”

The information provided by the Australian Copyright Council that is most relevant to Marcom Projects and other educational program producers and suppliers is:

Information sheet Film & Copyright (G69), on page 6:

“Can I copy a film I own into a new format?”
If you want to reproduce a film that is protected by copyright you will need permission from the copyright owner unless all the copyrights have expired or a special exception applies. Converting a film to a new format will involve making a reproduction of the film; this is something only the copyright owner has the right to do. The fact that you own a physical copy of the film does not mean you have the right to copy the film into a new format.”

Publication Educational Institutions: Digital & AV Resources – A Practical Guide (B108v02), on page 18, section 3.2:

“Copying videos, films, DVDs and sound recordings: the general position under the Act”
Unless a film or video has been taped from television, or a recording has been taped from radio, it may generally not be copied, even if it is not commercially available.

However, there are some provisions in the Act, among the provisions relevant to libraries, which allow non-profit libraries to copy commercially produced copies of AV material. Libraries in educational institutions are among the types of libraries which are entitled, in the right circumstances, to rely on these provisions.

Under these provisions, a library (including a library within an educational institution) may make a copy of films (including those on videos and DVDs) and sound recordings if an item is or was part of the collection, but only if it:

• is lost;
• is stolen;
• has deteriorated; or
• has been damaged; and
• the item is not commercially available .

“In these cases a copy may be made from an existing copy (either by the library or another library acting on its behalf), but only if a replacement is not commercially available in a reasonable time.”

These statements clarify two other areas that may have previously been considered ‘grey’:

• You cannot duplicate a video or DVD that has been bought in order to keep a ‘back-up’ copy.
• If a school, institution or organisation decides to stop using their current method of delivery (video in most cases) and ‘upgrade’ to DVD (or another format) they don’t have the right to convert their existing video library to DVD or any other format.

We are grateful to, and acknowledge the information provided by, the Australian Copyright Council in compiling this information.

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