Re: Disabled Students Recording of Lectures

On Fri, 29 Mar 1996, Michael Lean asked for some comments on these Qs
>
> 1. Taping of lectures and the rights of the lecturer to
> intellectual property?
>
> I am having a battle with some of the lecturers at the University who are
> concerned with how students with a disability will use lecture material
> that has been taped. Are students required to provide written assurance
> that material taped will only be used for study purposes?

Mike,

First, this is an ownership issue. Surely lecture notes are prepared pursuant to the terms of the lecturers' contracts of employment and therefore copyright vests in the employer (ie the university). (I am also presuming that the lecturers prepare their lecture notes in writing, prior to delivery of the lecture).

Second, there is a fair dealing issue to some extent. The research or study purpose is satisfied, I presume, so it turns on whether the amount taped is 'fair'. This is undefined under the Oz Act because the material is not covered by the 10% or 1 chapter deeming provisions (lecture notes are not 'published editions ... of not less than 10 pages'). If we say that it probably is fair for disabled students to tape the whole lecture and use it for research or study, that doesn't mean they can use it for other purposes.

Third, since the uni owns the work, it can allow such taping and use, subject to any conditions it chooses to impose, as it sees fit.

There may be other issues to consider (statutory licence under part VB div 3 for example) but I don't think you need to go further than what's above.

Cheers,
Jamie

     | jamie wodetzki
   \ / copyright research officer
 a c l i s
   / \ no responsibility taken for damage or harm arising from     / \ reliance on comments made by me in this context Received on Mon Apr 01 1996 - 23:31:07 GMT