Technical copying

14.78 The education sector expressed particular concern about having to license so-called ‘technical copies’ that are made when using digital technologies in the classroom.[72] CAG Schools, for example, submitted that

The simple act of using more modern teaching methods potentially adds up to 4 remunerable activities under the statutory licence in addition to the potential costs incurred by more traditional ‘print and distribute’ teaching methods.[73]

14.79 The statutory licences may provide a mechanism for these technical uses to be accounted and paid for by governments and educational institutions. The ALRC suspects most other organisations happily ignore the fact that caching a website on a local server, for example, may infringe copyright.

14.80 Submissions from the education sector highlighted the inefficiencies and inequity of having to account for technical copies. But the fact that unlicensed technical copying by an educational institution will be for the ultimate purpose of education may only slightly favour a finding of fair use. The stronger arguments for permitting this type of use are set out in Chapter 11, and may be relied on by many organisations, not just educational institutions. The ALRC considers that merely technical or incidental uses will often be fair use, and should not need to be licensed.