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inclusion in the BUFVC outline http://www.bufvc.ac.uk/aboutus/index.html . Another potential hurdle comes when defining ‘non-commercial research’, a term for which various interpretations have been offered, some more restrictive than others. The ‘fair dealing’ defence does not apply to sound recordings, broadcasts and films. While recordings can be used for research inclusion of any extracts in the published research need to be copyright cleared.

2.5 Licensing Schemes

When works are still in copyright and exceptions permitted under the Act are insufficient for the needs of the establishment then one option is to acquire a licence to use the material. The three principal licensing schemes that have been developed and are most widely applicable to the higher education sector are:

  • CLA – Copyright Licensing Agency – the Higher Education Trial Licence Agreement applies to copying or scanning material from books and journals. Some material that is copied or scanned may be incorporated in lectures

    • e.

      g. images, diagrams.

  • ERA – Educational Recording Agency - licenses the recording of broadcasts.

  • NLA – Newspaper Licensing Agency – as the name implies.

In music there are a number of agencies, or collecting societies, that grant permission to perform, adapt etc works. The Open University has set up its own licensing scheme for its material. Where no certified licensing scheme exists then recording does not infringe copyright in the broadcast or ‘any work included in it’.

Of these the ERA Licensing Scheme, covering recording for instruction, is most pertinent to multimedia repositories. The ERA acts on behalf of its members, comprising copyright owners and performers, to license for educational use the recording of broadcasts which are made in the UK. The establishment may make the recording itself or designate a third party. Note that recordings made off-site must be delivered in hard copy and not be transmitted electronically.

The ERA scheme covers:

  • BBC television and radio broadcasts (BBC Worldwide),

  • ITV Network services,

  • Channel Four and E4,

  • Five television,

  • S4C.

The ERA licence does not cover feature films or advertisements contained in the broadcasts, but there are no certified licensing schemes. Therefore recording this material does not infringe copyright. The ERA licence does not apply to commercial CDs or DVDs.

All material must be labelled with i) the date of recording, ii) name of the broadcaster, iii) title of the programme and iv) include the sentence ‘This recording is to be used only for educational and non-commercial purposes under the terms of the ERA Licence’ (ERA, 2005). Labels may be obtained from the ERA.

Programmes that were recorded after 30th May 1990 may be stored indefinitely in analogue or digital form while the establishment has a licence. Adaptation of the

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