Can VHS tapes be transferred to Learning Management Systems (e.g. ‘Clickview’) and distributed in this way?
If a VHS tape contains copies of free-to-air or subscription television broadcasts, this is permissible. (This is covered by the educational licence arrangements – specifically, the statutory licence under Part VA of the Copyright Act – the Statutory Broadcast Licence. The statutory licence arrangements are managed centrally by the Department on behalf of all Victorian Government Schools.) If a VHS tape contains other content, then it may be possible to transfer the tape to a Learning Management System depending on the application of the ‘flexible use’ exception in the Copyright Act (s200AB). Conversion will be possible if: • the VHS tape has been legitimately acquired; • the copy on the Learning Management System is being made for the purpose of educational instruction; • it is not possible to buy a copy in the format required for use in connection with the Learning Management System within a reasonable time; and • you are not going to use the copy on the Learning Management System in
