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Copyright: TV and Radio Programs

TV and Radio Programs

Recording a News and News Commentary Programs from Television or Radio


Under the Copyright Act (s 29.6), educational institutions can record (copy) news and news commentary programs - except for documentaries - provided that:

  • It is shown before an audience of students for the purpose of education or training.
  • The copy can be made only at the time the program is aired by the broadcaster or communicated over the internet.

There is no limit on the length of time the recording may be kept and no payment is required.

Alternatively, you can always turn on the program in the classroom while it is being broadcasted live on TV or radio, or show a legal copy of a program that you have purchased, as long as it is for non-profit, educational purposes.


A News Program refers to program reporting on local, regional, national, and international events including weather and sports reports, community news and other related segments as part of a news program.  (Examples:  The National, Global News, BBC World Report)

A News Commentary Program refers to a program that includes discussions, explanations, analysis, observations/interpretations of news and has the following elements:  "talking head(s)" commentators, minimal editing and unscripted responses.  (Examples:  Piers Morgan Tonight, As it Happens)

A Documentary refers to a socially relevant program with creative vision/viewpoint that has the following elements: significant research and preparation, pre-scripting; significant editing and "shelf life".  (Examples:  The Nature of Things, DocZone, W5)
 

Recording Other Types of Broadcasts (non-News Programs)


Under the Copyright Act (s 29.7) educational institutions can record (copy) other types of broadcast programs - including documentaries - provided that:

  • The copy can be made only at the time the program is aired by the broadcaster or communicated over the internet.
  • An instructor may keep the copy for 30 days, for assessment purposes. 
  • If the instructor wishes to keep the copy longer than 30 days, or to show the program in class, then a copyright royalty must be paid.
  • Any recording is subject to record keeping provisions.
Alternatively, can always turn on the program in the classroom while it is being broadcasted live on TV or radio, or show a legal copy of a program that you have purchased, as long as it is for non-profit, educational purposes.

 

Netflix, Shaw On Demand, etc.


Showing an audiovisual work from a subscription service (Shaw, Telus, AppleTV, Netflix, etc) is governed by the terms of that agreement.  You must check the terms of use in the license agreement or contract regarding showing/viewing a program in an educational setting or public grouping.  Generally, the license agreements are for personal use only, and so it would likely be a breach of contract to do use such a service for educational purposes.

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