programmes by adding subtitles or separating the soundtrack, for example, is not permitted but extracts may be used for non-commercial educational purposes of the licensed establishment, with appropriate acknowledgement.
Recordings may be copied for non-commercial educational use within the establishment and supplied in hard copy to other licensed establishments. Charges to cover the out-of-pocket costs of this activity are permitted and not considered ‘dealing’ which would infringe the Act.
The licence allows showing the recordings of the broadcast within the establishment for educational purposes and loan to registered students or other members of staff also for educational purposes, again in hard copy form. It is recommended that borrowers complete a declaration clearly stating that the recording is lent for educational purposes only. Within the establishment the recordings should only be used for educational purposes and by those giving or receiving instruction. This limitation precludes use of any extract in promotional material for the establishment and showing the recording for entertainment purposes, regardless of whether payment has been made.
2.6 International conventions and directives
A number of international treaties and conventions relating to IPR have been implemented in UK legislation. One of the central principles of international treaties is ‘national treatment’ i.e. the country (contracting party) gives the same treatment to foreigners as it would to its own nationals. The UK is a signatory to the Berne Convention (or Union) with the 1971 text entering into force on 2 January 1990, the UNESCO Universal Copyright Convention (6 June 1957 for the 1952 text, 5 May 1972 for the 1971 text) and the World Trade Organization TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement.
EC directives implemented in the UK apply not only to the European Union countries but also to EEA countries which include Iceland, Liechtenstein and Norway. Some EU countries have been slow to comply with these directives, notably France and Spain have complied with EC Directive on Harmonisation of Certain Aspects of copyright and related Rights in the Information Society in 2006 http://www.ipr- helpdesk.org/controlador/resources/pdfVersion?type=noticia&idFicha=0000005966 &len=en and other relatively recent accession states have yet to comply fully e.g. Czech Republic (at the time of writing, September 2006). States that are due to join the EU in 2007 may not have yet fully implemented the Directive.
It is worth noting that the Russian Federation has ratified the Berne Convention (2003), the UCC (1973) but not the TRIPS Agreement because the Federation is not yet a member of the World Trade Organization.
2.7 Intellectual Property rights in the digital environment
Copyright, it is argued, has largely applied in the same way to traditional ‘works’ and digital materials. The law has tended to catch up after the technology has evolved. Many of the works considered here have originated in the traditional forms described in the legislation.