Staff and students of Media Design School (MDS) in New Zealand need to take account of their actions with copyright material under New Zealand’s Copyright Act 1994.
PTE (Private Training Establishment) Licence - for teaching materials
Media Design School has a PTE licence agreement with Copyright Licencing NZ, which covers material that originated in print (e.g. hard copy books, journals, magazines). Staff making copies to provide to students are subject to the following copying limits:
Copying of up to 10 per cent of a work (other than an article in a periodical publication, i.e. printed books, etc.) or one chapter of the work whichever is the greater;Copying of the whole or any part of an article from a periodical publication, or more than one article from the same issue of a periodical publication where each of those articles copied is on the same subject matter. The term “the same subject matter" will be interpreted on a case-by-case basis. For the avoidance of doubt, it is not intended to allow copying of multiple articles from the same issue of a periodicaI publication unless the content of each of the articles copied is closely related and focusing on a particular aspect of a subject;
Copying of up to 15 pages of the whole or part of a single work contained in a collection of works notwithstanding that such works may be separately published;
Copying of the whole of an artistic work (such as an illustration) where it is published in a print copyright work and is copied in accordance with the provisions of this licence (i.e. refer to exclusions below);
Reprographic copying of up to and including the whole of an out of print work subject to prior confirmation from CLNZ that it is satisfied that sufficient copies of that work cannot be obtained within a reasonable time at an ordinary commercial price. Electronic copying of a whole work under this clause is specifically excluded;
Making a repeat copy from a work within 14 days providing such copying is not made by or on behalf of the same authorised person for the same paper, unit or module of a course of study. For the avoidance of doubt, repeat copying does not mean repeat access to copyright material made available by electronic means under the licence. Where copyright materials are made available to authorised persons by electronic means, authorised persons in the prescribed paper, unit, or module of a course of study, may access that material any number of times within the statutory 14 day period without breaching the terms of the licence.
Excluded works are works not within the scope of the PTE licence (however these may be copied or made available to students under other licences or conditions).
Copying of works downloaded from the internet
Printed music (including the words)
Loose maps and charts
Unpublished religious orders of service
House journals or other free publications primarily for employees of commercial businesses, industrial undertakings or public services;
Illustrations and/or photographs where it they are NOT published in a copyright work;
Any work on which the copyright owner has prominently stipulated that it may not be copied under any copyright license;
Privately owned/unpublished works;
Theses, dissertations and student papers.
New Zealand newspapers* (N.B. MDS does not have a licence to make copies of hard copy newspapers)
Standards New Zealand publications
Staff should ensure that material made available to students will have an appropriate copyright warning notice attached in line with the following:
This material is protected by copyright and has been copied by and solely for the educational purposes of Media Design School under licence. You may not sell, alter or further reproduce or distribute any part of this material to any other person. Where provided to you in electronic format, you may only print from it for your own use in the relevant course of instruction. Failure to comply with the terms of this warning may expose you to legal action for copyright infringement and/or disciplinary action by Media Design School.
However it is important to note that as a Private Training establishment (PTE) run for-profit, Media Design School does not qualify as an 'educational establishment' within the definitions of the Copyright Act 1994(NZ). For example, MDS staff cannot rely on the s47 exemption for playing or showing films or sound recordings in class. Permission from the copyright owner or appropriately licenced resources are required for use in class.
University Copyright Officer
Library & Learning Services