Oxford Media Convention 2006 Rights and revenue models: what IP model for public service communications?

Oxford Media Convention 2006 Andrew Yeates Legal Adviser to ERA

Rights Security Agenda for the digital world? 1. Clarity and understanding build confidence in any system. 2. The acts which the owner of copyright or rights in performances can authorise are not complex in themselves. 3. Messages about rights which confuse consumer perception must be addressed at industry level, by government and regulators. 4. The process of clearing rights for a film, or radio or television programme will increasingly become just a link in making audio visual works available to the public in the digital world.

Rights Security Agenda for the digital world? 5. Digital Rights management cannot remain just a back office function. 6. Rights Management Information systems are not the same as technical protection measures (and not enough people know this). 7. Recognition of breaks in the transmission chain enabling intermediaries to join and make a profit from delivery of content to consumers will become increasingly important. 8. Multiple platform delivery does not necessarily alter the nature of the use, but the difference between content being scheduled for delivery and being made available on demand for consumers will become an increasingly important axis against which rights definitions should be applied.

Rights Security Agenda for the digital world? 9.Copyright exceptions and limitation should continue to be applied in law only in special cases which do not conflict with the normal exploitation of a work or other subject matter and do not unreasonably prejudice the legitimate interests of a rights holder. 10.The existing copyright regime has enabled rights owners to choose whether they wish to license the use of their works by means of sharing licences such as those developed by Creative Commons. It is unnecessary to make legislative changes to permit them to develop. Choice is key.

Creativity and choice Individual licensing Collective licensing Secondary licensing Levies Waivers

Pay as you go – a fair way forward? Buy outs – fair or unfair? Matching rights with market definitions. Pay as you go – the way forward in the digital world?

Educational Recording Agency ERA licences the off-air recording and educational use of broadcast programmes within educational establishments. It is a secondary use which would be difficult for rights owners to administer individually. Different from other rights collectively licensed bearing in mind the educational nature of rights licensed. If rights owners do not participate in a certified licence scheme such as ERAs relevant rights are waived.

ERA members Broadcasters BBC Worldwide Channel 4 Five ITV Network S4C Literary/Dramatic Musical and Artistic works ALCS MCPS/PRS DACS Performers Equity Musicians Union Incorporated Society of Musicians Sound Recordings BPI PPL Films

Number of ERA licences ERA provides for the licensing of around 36,500 educational establishments in England, Scotland, Wales, and Northern Ireland each year. To reduce bureaucracy, ERA has developed a system of blanket licensing for groups of educational establishments whenever representative bodies are willing to take on the responsibility for collective licensing. Blanket licences cover most of the 36,000 primary and secondary schools in England and Wales whose licensing requirements cover around 5.2 million primary school students and 3.8 million secondary school students. ERA issued blanket licences to 171 of the 174 Local Education Authorities in England and Wales last year. The remaining 3 LEAs elected to require schools in their area to take out individual ERA Licences. As a result of this ERA issued a further 311 licences to individual schools in these areas. 32 blanket licences were issued to COSLA covering all primary and secondary schools in Scotland. The total of all licences including Further and Higher educational establishments was under licences.

Thank you To learn more about the ERA scheme visit Telephone