Films, Television and Radio
Rights of Copyright Owners | Duration | Copying Limits | Educational Use | Research & Study; Criticism & Review or Parody & Satire | Personal Use | Other Uses | Animations | Attributing Use of Copyright Material | Further Information
Copyright protects the visual images and accompanying sounds of cinematographic films. This category includes feature films, TV programs, documentaries, short films, home videos, animated films, television commercials and some multimedia products such as computer games. Cinematographic films that have been broadcast are also protected under the category of broadcasts.
Television and radio broadcasts are protected by a separate copyright. The category of broadcasts covers radio and TV, including free-to-air TV pay TV, cable and satellite TV. For example a TV program such as The Simpsons is protected as a cinematographic film. When The Simpsons is broadcast on Channel 10 an additional & separate copyright is created in the broadcast. In a similar fashion, radio programs are protected as both sound recordings and radio broadcasts.
Films and broadcasts may also include literary works, dramatic works, musical works and/or sound recordings which have their own copyright and are protected separately. Films are protected regardless of their format, e.g. 16mm, film, video, DVD or digital formats.
Rights of Copyright Owners
Copyright owners of cinematographic films have control over the following rights in relation to their works:
- to make a copy of the film;
- to cause the film to be seen or heard in public;
- to communicate the film to the public.
Copyright owners of broadcasts have control over the following rights in relation to their works:
- to make a cinematograph film of a television broadcast, or a copy of such a film;
- to make a sound recording of the broadcast, or a copy of such a sound recording;
- to re-broadcast a television or sound broadcast or communicate it to the public otherwise than by broadcasting it.
Duration of Copyright
Cinematographic films made before 1 May 1969 were treated as a combination of dramatic works, photographs and sound recordings. Copyright applies for 70 years after the death of the creator of the film as a dramatic work or the cinematographer (whichever is first). If the creator of the film as a dramatic work died before 1 January 1955, then copyright has expired and the work is in the public domain.
If the cinematographic film was made before 1 May 1969 and it is not considered a dramatic work, then copyright applies for 70 years after the death of the cinematographer. If the film was made before before 1 January 1955, then copyright has expired and the work is in the public domain.
Cinematographic films made on or after 1 May 1969 are in copyright from the year they were published.
Broadcasts made before 1 May 1969 are not protected by copyright and therefore can be used without permission.
Broadcasts made on or after 1 May 1969 are protected by copyright for 50 years after the year the broadcast was made.
See Australian Copyright Council Info Sheet G23 for more information about duration of copyright.
Limits on Copying, Communication and/or Performances
Generally, permission will be needed from the copyright owners before a cinematographic film or broadcast may be copied, communicated or performed. There are only very limited circumstances under which a cinematographic film or broadcast may be copied, communicated or performed without permission from the copyright owners. You do not need to seek permission if:
- The University of Melbourne owns the copyright and you are a University of Melbourne staff member wishing to use the material for University of Melbourne teaching or business purposes. If you wish to use the material for non-University purposes or you are not a staff member, see Requesting Permission to use University of Melbourne Copyright Material.
- Copyright in the work has expired.
- You are copying or communicating an insubstantial portion.
- You have an express licence to use the work, e.g. a contract, web site conditions, copyright owner has explicitly waived copyright, etc.
In addition, there are provisions in the Copyright Act that allow films & broadcasts to be used for specific purposes such as:
There are no provisions that allow films to be reproduced or communicated for educational purposes unless the film is part of a broadcast. TV and Radio Broadcasts can be copied for educational purposes under the Statutory Licence (Part VA); see Using Radio & T.V. Broadcasts for Educational Purposes.
You can show a film or broadcast in class for educational purposes and the audience is restricted to students. If the film is a commercial DVD or video it can not be included in any recording of the class, e.g via Lectopia. Refer to Performing Material for Educational Purposes
Research & Study; Criticism & Review or Parody & Satire
If you would like to reproduce films or broadcasts for the purposes of study or research, you need to refer to the Fair Dealing Provisions. Under fair dealing, you must also be able to use films & broadcasts for the purposes of criticism & review or parody & satire.
If you can record TV or radio broadcasts for personal use under certain conditions. You may also be able to format shift films that you own for your personal use under certain conditions. For more information see the Personal Use Provisions
If you would like to reproduce, communicate or perform a film or broadcast for any other reason, e.g., in on a website, screen at a public events such as a conference you will need to seek permission from the copyright owner to do so. See Requesting Permission From a Copyright Owner to Reproduce Material for further information.
Animations
Although the Copyright Act does not specifically define animations, they would include animated films and cartoons, such as Toy Story or Bugs Bunny, as well as moving and changing images or icons on web sites. Legal opinion indicates that each animation or short film clip would be an individual cinematographic work.
There are no provisions in the Copyright Act to copy animations for educational purposes, as animations are not covered by the statutory licences. Animated films and cartoons, such as Toy Story or Bugs Bunny could be reproduced and communicated for educational purposes if they were available as a broadcast. See Using Radio & T.V. Broadcasts for Educational Purposes.You can also show an animated film or broadcast in class for educational purposes so long as the audience is restricted to students. If the film is a commercial DVD or video it can not be included in any recording of the class, e.g via Lectopia. Refer to Performing Material for Educational Purposes
The statutory licence permits web pages with animations or moving images to be copied as a static screen but not the source code of moving or changing images.
It may be possible to copy animations under Fair Dealing for research & study, criticism & review or parody & satire.
If you wish to use animations for any other purpose you will need to seek permission from the copyright owner. See Requesting Permission From a Copyright Owner to Reproduce Material for further information.
Attributing Use of Copyright Material
It is important that the source of the material and the 'moral rights' of the copyright owner are acknowledged and properly attributed.
If the copyright owner is unknown, indicate 'Copyright owner unknown. All reasonable attempts made to identify. If you are the copyright owner or know who they are then please advise us'.
For more information on attributing see:
- Referencing - a webpage from the Language & Learning Skills Unit .
- Citation Styles within the University
- Academic Honesty and Plagiarism
- Endnote - software for managing references and creating bibliographies. Available for students and staff to download.
Do You Need More Information?
- Overview of Copyright
- Guidelines for Using Copyright Material for Educational Purposes.
- Fast-Find Index - an A-Z glossary of copyright terms and topics
- Using Copyright Material for Research or Study
- Introduction to Copyright -a guide from the Copyright Office
- Online Teaching Resources & Copyright - a guide from the Copyright Office
- Contact the University Copyright Office
Content updated 17/01/08