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establishment. It may, however, be lent i.e. on a CD or DVD to another educational establishment. (CDPA Section 36A).

There has been debate about lending films which are not classified by the BBFC. According to www.screenonline.org.uk (British Film Institute) the Video Recordings Act does not require all videos to be scrutinised by the BBFC and some are exempt from classification if they are considered educational provided the video did not contain images of human sexual activity, urinary or excretory functions, extreme violence and torture or show techniques likely to be useful in committing crimes.

3.2.3 Inclusion in multimedia repositories

A multimedia repository presents the opportunity to store and manage centrally broadcasts so that they can be accessed in the secure way with the necessary warnings required to satisfy the law.

Section 35 permits the recording of broadcasts, without infringing copyright, for non-commercial educational purposes, subject to the existence of a certified licensing scheme exists for educational establishments, e.g. ERA licensing scheme, Open University, operates a licensing scheme for its own programmes. Where the recordings are made available through central servers there should be an opening page stating the conditions under which the ERA licensed copy was made.

The ERA represents among others DACS, PRS and PPL for material recorded under the ERA licensing scheme. When it is to be performed in settings which are not non-commercial educational, e.g. open days, licences are still required from the appropriate collecting societies e.g. PRS, PPL.

For the last two years the ERA has been looking at a licence it describes as ERA Plus. This is envisaged as a commercial licence which would be outside the provisions of Section 35 and comprise an electronic library facility for educational establishments and their use of ERA recordings for educational purposes on or off the establishment’s campuses. Access would be through a secure system.

A copy of a broadcast stored and accessed only within the establishment would not be an infringing copy and would meet the legal requirements for non-commercial educational purposes including research.

Case studies

Material: Russian broadcasts held at UCL SSEES Library, for use in research in culture, politics, film studies etc and excerpts for language teaching, Issues and restrictions on use: Argument:

  • The Russian Federation ratified the UCC Geneva text 1952 in 1973, the Paris text of 1971 in 1995, the Berne Convention in March 1995. Hence the Russian Federation is bound by the UCC Paris text (1952) until 1995. Neither UCC texts of ’52 or ’71 cover broadcasts. The Russian Federation ratified the Rome Convention for Phonograms, Broadcasts etc - the most important instrument protecting broadcasts on 26 May

    • 2003.

      It is not, however, retroactive and grants protection for 20 years from the end of the year of broadcast. This Convention like others effectively refers those countries which have ratified it back to the national legislation. So in UK law broadcasts are protected for 50 years. The Russian Federation has not signed the TRIPS agreement which also covers broadcasts, as it is not a member of the WTO,

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