Audio-Visual Material
CDs, CD-ROMs and DVDs
CDs, CD-ROMS & DVDs are themselves not subject to copyright. Copyright applies to the content on either of these formats. The types of material will determine the conditions and limitations that apply to the reproduction, communication or performance of CDs, CD-ROMs or DVDs.
- Textual material such as e-books, journal articles etc on CDs, CD-ROMs or DVDs.
- CDs accompanying textbooks
- Images, e.g. photographs
- Sound Recordings, including Recorded Music.
- Films, or Radio & TV Broadcasts
- Computer Software & Games
- Using CDs, CD-ROMs or DVDs for educational purposes
- Copying CDs, CD-ROMs or DVDs for research and study purposes
- Format shifting or space shifting CDs for personal use
Compilation CDs
see also: CDs, CD-Roms & DVDs
The term compilation CD most commonly refers to a CD where individual songs or musical recordings by different artists and/or from different albums are brought together on a single CD in an order determined by the person creating the CD.
- Creating Compilation CDs for educational purposes
- Creating Compilation CDs for research and study
- Creating Compilation CDs for personal use
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iTunes & iPods
See also: MP3 & MP3 players
iPods are a popular portable media player from Apple. iTunes is the software that the iPods use. There is also an iTunes music store where music, videos, podcasts etc can be purchased and downloaded to a PC and then transferred to an iPod. Assuming that a legal copy of iTunes is installed, it is not illegal or an infringement to install the software for the purposes of downloading/transferring audio files on computers.
You may copy music from a legal copy of a CD that you own onto your iPod or MP3 player for your own personal use. For more information see Space Shifting.
For full details on copyright issues and iTunes & iPods, see the entry on MP3s & MP3 players
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MP3s & MP3 players
See also Peer to Peer (P2P) File Sharing
MP3s are a common digital audio format. An MP3 player is a generic portable media player of which there are many proprietary brands. iPods are a portable media player produced by Apple, but because of their Digital Rights Management (DRM) software they do not play the MP3 format. However, while the terms MP3, MP3 player, & iPods all refer to a particular format or brand, when used in their generic sense they can refer to any digital audio material or portable media player. In particular, the name iPod, as the best-selling portable media player, is often used in a generic sense to mean any portable media player.
Copyright restrictions apply to the majority of material that can be downloaded to either an iPod or MP3 player. Material purchased from the iTunes Music Store, or similar online music stores, is generally only for personal use and can not be used for educational purposes. If you wish to use recorded music for educational purposes, you may be able to do so under the Music Licence. Other sound recordings, films, podcasts & webcasts can be used for educational purposes under the Statutory Licence (Part VA), For more information, please refer to the Guidelines for using copyright material for educational purposes.
The fair dealing provisions for research & study do not cover transferring sound recordings, films, podcasts & webcasts to iPods or MP3 players.
You may copy music from a CD that you own onto your iPod or MP3 player for your own personal use. For more information see Space Shifting.
Recordings - Audio or Video
See also: Sound Recordings, Radio, Film & TV (including broadcasts) .
Audio Recordings, whether on CD, cassette tape, or an mp3 file are considered Sound Recordings and are therefore subject to the conditions and restrictions for Sound Recordings. Video Recordings, whether on video cassette, DVD or mpeg files or similar, are considered cinematographic films and are therefore subject to the conditions and restrictions for cinematographic films.
You may reproduce or communicate an audio or a video recording (TV broadcasts only) for educational purposes under either the Music Licence or the Statutory Licence (Part VA). Conditions apply. For more information see the Guidelines for using copyright material for educational purposes
You are also able to copy audio or video recordings and TV & radio programs for personal use.
CDs in Textbooks
Many textbooks are accompanied by CDs. The CD is a separate work and will probably include multiple works such as text, images, sound and animations (movies). You cannot assume that you can reproduce material from the CD either for educational purposes or for research & study under fair dealing. Any use of the CD will be governed by the terms & conditions of use that accompany it. You must abide by the terms & conditions, which may or not permit educational use. Generally, the terms & conditions will permit the CD to be used under fair dealing.
If the terms & conditions allow the CD to be used for educational purposes or for research & study, you must abide by the conditions and limits that apply to those uses. If there are no terms & conditions then material on the CD can be used for educational purpose or research & study as outlined in the Copyright Act. See Guidelines for Using Copyright Material for Educational Purposes or Fair Dealing for Research & Study.
If the terms & conditions do not allow the CD to be used for educational purposes or you wish to use more then is permit or materials that are not covered by educational purposes such as sound recordings or films, you must request permission from the copyright owner to use the CD.