Copyright compliance in New Zealand

Talis
Feb. 8, 2016
Copyright compliance in New Zealand
Copyright compliance in New Zealand
Copyright compliance in New Zealand
Copyright compliance in New Zealand
Copyright compliance in New Zealand
Copyright compliance in New Zealand
Copyright compliance in New Zealand
Copyright compliance in New Zealand
Copyright compliance in New Zealand
Copyright compliance in New Zealand
Copyright compliance in New Zealand
Copyright compliance in New Zealand
Copyright compliance in New Zealand
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Copyright compliance in New Zealand

Editor's Notes

  1. Copyright compliance managed by entering into licensing agreements with rights owners. Copyright Act gives teaching staff broad exceptions to make single copies for the purpose of teaching – does not cover films or sound recordings. Examination provisions Distributing content to students is covered by licences Voluntary licensing in New Zealand S48 of the Copyright Act covers licensing of communication works that is, works on the Internet and broadcasts. Can freely copy these works until such time as we are offered a licence. It also creates an exception for educational resource suppliers to copy and make works available to educational establishments – eTV in New Zealand. z
  2. No licences for copying films on commercial DVDS Library buys DVDs with educational licences
  3. No limits on what can be copied and how much Copying from Internet and traditional sources of content Make recordings of performances available to students and their families Grand Right works or choral works longer than 20 minutes excluded No survey $2.80 licence fee based on EFTS
  4. Schools Licence - OneMusic In addition can also Photocopy sheet music up to 30 copies for every original owned and for choral works up to 5 copies for every original owned Stream recorded events from website Annual Fee $1.43 plus gst per EFTS
  5. Licences “communication” works that are films and sound recordings (excluding music) i.e. available on the Internet or from traditional broadcasts no licence to copy from commercial DVDs or CDs No limits on the amount that can be copied Can source content from third party “educational resource supplier” No survey communicate means to transmit or make available by means of a communication technology, including by means of a telecommunications system or electronic retrieval system, and communication has a corresponding meaning communication work means a transmission of sounds, visual images, or other information, or a combination of any of those, for reception by members of the public, and includes a broadcast or a cable programme
  6. Universities agreed to withdraw from the CLL licence. Negotiations Concern cost of the licence when the amount copied under the licence was diminishing with the increasing use of electronic resources Audit provisions The fact that it was a scheme with limited ability to negotiate terms Compliance would be a major issue if we withdrew from the licence and CLL would be checking to ensure staff were not copying beyond the limits allowed in the Act. No way that we could guarantee staff compliance with the Act.
  7. Litigation settled in 2014 CLNZ sought: More frequent reporting An assurance that publishers could be confident that all copying under the licence was captured Universities sought Automated survey Ability to make copies available to students in multiple formats e.g. lecture recording, LMS and hard copy course books No audit provisions Both parties aware that e-reporting software was available.
  8. CLL – EQUELLA - CPIT Universities saw this as a means of ensuring the course materials were consistent across the institution and a means to centrally manage copyright compliance.
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  10. Currently in implementation phase University of Auckland has developed the CLNZ rule set and full implementation planned for semester one 2016 reporting planned Teething problems as with any implementation largely around developing work flows and ensuring adequate resourcing on hand to support, the hurried implementation. Staged implementation would have been ideal. Obtaining more accurate and nuanced data may see universities pushing for individual licences in the future given fiscal restraints. Staff who upload content directly onto the LMS have been advised that they will be personally liable for any breach of copyright Already staff are much more aware of copyright and comfortable with having copyright centrally managed. Reform of New Zealand Copyright Act in 2017 Study of the Creative Sector.