Copyright Changes

Taping Television and Radio Programs for 

use in the Classroom

As you may be aware, important changes have taken place in the Copyright Act that directly affect educational practices.  These changes affect the taping of radio and television programs for use in classrooms.  It is critical that teachers, school administrators, superintendents and school board official be aware of these provision in the Copyright Act.

For more Information from Manitoba Education.

http://www.edu.gov.mb.ca/ks4/iru/copyright/index-b.html

The Copyright Law

On January 1, 1999, two educational exceptions came into force.  Since then, educational institutions, and persons acting under their authority can, without the copyright owners authorization, tape radio and television programs at the time they are broadcasts without infringing copyright.  The tapes can be shown in the classroom subject to a number of conditions.

Educational institutions can:

• tape and show "news and news commentary programs" for one year without having to pay royalties.  After that, they must pay royalties in an amount that has yet to be set by the Copyright Board.

• tape "other programs" and keep them for assessment purposes for only 30 days.  If they keep the tape any longer, or if they perform the tape at any time, they must must pay royalties in the amount that has yet to be set by the Copyright Board.

Departmental Position

Teachers must be aware of what can and cannot be done in accordance with federal copyright law without having to pay copyright royalties.  The Copyright Board has not yet determined what the royalty rate will be.  The rate is expected to be set in the fall of 2001.  The rates that the Educational Rights Collective of Canada (ERCC) has asked the Copyright Board to approve are very high.  Various educational organizations and associations, including the Ministries/Department of Education in nine provinces and three territories, have filed objections to the proposed rates with the Copyright Board.  The Board will consider the views of the ERCC and the objections filed by the education sector in the fall of 2001 before making its decision on the rate.  Regardless of the rate the Copyright Board may eventually set, the law is very clear:  if a television or radio program were taped for classroom use, royalties must be paid in accordance with the provisions of the Copyright Act.

As the royalties have not been set, the financial liability related to taping cannot be determined.  As such, Manitoba Education, Training and Youth strongly advises that, until the cost of taping has been established by the Copyright Board, taping should be restricted to news and news commentary programs which can be made and used for up to one year.  All tapes of news and new commentary programs must be destroyed before the expiration of one year.  This taping is permitted under the Copyright Act free of royalty payments for one year only.  Taping and showing of all other forms of programming SHOULD BE DONE WITH CAUTION so as not to incur unknown financial liabilities, which are expected to be substantial.

This type of taping is not to be confused with Cable in the Classroom where copyright has been cleared for teacher use in the classroom.

Once the Copyright Board has decided the rate, the ERCC will be able to charge for taping and using radio and television programs in the classroom.  Teachers, principals, superintendents and school board officials will be advised of these rates in the fall.

Thank you for your attention to this important advisory.  If you have any questions regarding the advisory, please feel free to contact John Tooth, Co-ordinator-Instructional Resources Unit at (204) 945-7833 or 1-800-282-8069 extension 7833.

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