Astrid Bovell on October 30th, 2013
Recently we received a query from a lecturer regarding the use of a podcast. They didn’t just want to play it in class, they wanted to create an edited version that contained just the parts of the interview that were relevant to the course work.
Was permission required? Did it need to be edited out of Lecture Capture recordings? Was it covered under Part VA? These are all valid questions.
Before we go seeking permission, we always look for an exception in the Act to cover the use. In order to do that, we first ask ourselves what the use is and what kind of material is being used.
Section 28 allows us to perform and communicate material in class in the course of instruction, so we know that a podcast can be played in class, but the lecturer wanted to edit the podcast. Section 28 doesn’t allow for editing, so we can’t just rely on section 28.
Podcasts tend to be recorded broadcasts and the section of the Act that discusses using radio and television broadcasts for teaching is Part VA. But it’s not just as simple as saying Part VA covers broadcasts so this is all okay, we have to think this through carefully. Part VA covers broadcasts… but podcasts aren’t necessarily all broadcast material. Quite often when you listen to an interview on the radio, at the end of the show they announce to check the website for the podcast of the full interview which suggests that there is some web exclusive content. So this is the tricky part – we can only use podcasts of broadcasts under Part VA. If the content is web exclusive, then we need to look to another provision. Fortunately, there was enough information on the podcast website to find that this was a podcast of a regular program on the ABC and did not contain web exclusive content.
So, we know it’s a podcast of a broadcast, we know that broadcasts are covered under Part VA, does Part VA allow us to create edits, include them in Lecture Capture recordings and make them available on the LMS?
Yes, it does – copies of the broadcast must be limited to staff and students enrolled in the subject and all copies of the broadcast must have marking requirements and a warning notice attached:
- the name of the institution for which the copy is made, i.e. the University of Melbourne;
- Part VA Warning Notice
- the date on which the program was broadcast or transmitted;
- the date on which the copy was made
For more information on what you can use for teaching purposes, check our webpages on Teaching: http://www.unimelb.edu.au/copyright/teaching.html