The Albanese Government is amending the Copyright Act so that existing rules governing copyrights for classroom materials will also apply to lessons delivered through online classes.
The amendments come after four ministerial roundtables on copyright tackled how digital material can be copied and distributed in remote learning environments, along with other concerns such as orphan works, quotations from copyright material, implications of artificial intelligence for copyright law, and the legal definition of “broadcast.”
“COVID-19 ignited a national re-think of how and where people are educated. Many schools have since moved to a more flexible, hybrid education delivery model that integrates online learning into the curriculum and are reliant on technologies that enable teachers to deliver classes over the internet,” said Attorney-General Mark Dreyfus, who chaired the ministerial roundtables that ran from Feb. 23 to Dec. 4 last year.
“For students who live in remote areas or regional areas, online learning is often the only option for them to complete their education.”
In a high-level outcomes paper, the Attorney-General’s Department (AGD) said that despite strong and often clashing views on the key issues discussed in the meetings, the participants agreed that the “use of copyright material in a remote learning environment should be treated the same under copyright law as an equivalent use in an in-person learning environment.”
The proposed copyright law amendments also include ensuring that parents and guardians can assist students with the use of copyright materials, which the AGD finds particularly important for younger students who need help when it comes to online learning. Additionally, the legislative changes will make clear that individuals or organisations, such as the local police, can display presentations in classrooms without affecting how copyright material can be used in teaching, resulting in a more diverse educational experience for learners.
Stakeholders expressed their desire to work closely with the AGD on drafting the reforms as a means of support as well as to avoid any unintended consequences that could arise from the amendments, and from the framing of drafting instructions for the Office of Parliamentary Counsel (OPC).
The parties have not yet reached an agreement on how to deal with reforms on quotations from copyright material, while the participants agreed that delinking the definition of “broadcast” in the copyright law was not an urgent matter for the government.
On the other hand, the establishment of the Copyright and AI Reference Group to maintain ongoing engagement with stakeholders across a wide variety of sectors was approved in December 2023.
“These changes reflect agreement on legislative change between representatives from the schools and creative industries sectors,” Mr. Dreyfus said.
Meanwhile, the National Catholic Education Commission (NCEC) expressed support for the announcement and said that these reforms will enable schools to provide quality teaching and learning.
NCEC Executive Director Jacinta Collins agrees that the shift to online learning during the pandemic has raised the need to reform the copyright law.
“Remote learning during the COVID-19 pandemic brought to light shortcomings in the Copyright Act 1968 (Cth) that exposed teachers, students and families to copyright breaches in the online learning space,” Ms. Collins said.
“We call on the parliament to pass these important reforms as quickly as possible and acknowledge the concerted efforts of the National Copyright Unit and the education sector for contributing to development of these reforms.”
Catholic education is the largest education provider in Australia outside the government, enrolling one in every five students.
