The ERA Licensing Scheme from April 2014 Broadcast & Copyright in Education BUFVC AGM Helen Nicholson 29 November 2013

Section 35 CDPA 1988 (1) A recording of a broadcast or cable programme, or a copy of such a recording, may be made by or on behalf of an educational establishment for the educational purposes of that establishment without thereby infringing the copyright in the broadcast or cable programme, or any work included in it. (2) This section does not apply if or to the extent that there is a licensing scheme certified for the purposes of this section under section 143 providing for the grant of licences. (3) Where a copy which would otherwise be an infringing copy is made in accordance with this section but is subsequently dealt with, it shall be treated as an infringing copy for the purposes of that dealing, and if that dealing infringes copyright, for all subsequent purposes.

Section 35 CDPA 2005 Education moving Online Section 35 acknowledges that the use of off-air recordings of broadcasts for educational purposes may be extended to limited “communication to the public” of the recordings. “Communication to the public” is only permitted by a person situated within the premises of an educational establishment and provided that the communication cannot be received by a person outside the premises of that establishment Similar provisions in Schedule 2 CDPA included the rights of performers

The ERA Plus Licence Launched in August 2007 An add-on licence for those holding the ERA Licence Allows licensed off-air recordings to be accessed (in the form of communication to the public) by students and teachers, whether they are on the premises of their school, college or university, or at home or working elsewhere in the UK. ERA members’ repertoire only. HE ERA Plus Tariff (at introduction) 78p per FTE HE ERA tariff £1.55 per FTE

ERA Plus …. Outside Section 35 Designed to facilitate distance learning. Introduced on a voluntary basis because not all establishments had the facility, bandwidth, or requirement to stream off-site. Currently, 65% of HE establishments in the UK hold both licences Option to take out ERA Plus in the course of the licensing year with fees pro-rated.

Membership & Repertoire ERA started with 12 Members The Authors Licensing & Collecting Society Equity BBC Worldwide Ltd British Phonographic Industry Channel Four Television Corporation Design & Artists Copyright Society Incorporated Society of Musicians ITV Network Ltd Mechanical Copyright Protection Society Ltd The Musicians’ Union Sianel Pedwar Cymru Performing Right Society

Membership & Repertoire Currently 20 Members, with the addition of: Channel 5 Broadcasting Ltd AGICOA Compact Collections Directors UK Ltd Phonographic Performance Ltd (PPL) Radio Independents Group Focal International Open University Worldwide

On Demand Services Can the content of the services be copied? “You may not copy all or any part of any materials or content made available by …. via the Services, except to the extent permitted in these Terms, or expressly by us, or at law” If the Services are accessed by an authorised person for or on behalf of an educational establishment, for the non-commercial educational purposes of that establishment then, provided that the educational establishment holds a current licence with the Educational Recording Agency (ERA) and complies with these Terms, the non-commercial access to our Services permitted by these Terms will also apply to non-commercial educational use within the scope of the ERA Licence held by that educational establishment.

3 rd Party Agreements BUFVC Off-Air recording Back Up Service operating for over 20 years BoB – Box of Broadcasts, for which the ERA Plus licence is required. BoB for Schools Pilot Research & Education Space BBC/JISC BBC archives digitally available via BoB

Towards a streamlined ERA Licence …… Gowers Review of Intellectual Property Hargreaves Report Educational Exceptions CMOs’ Codes of Conduct Facilitating Distance Learning Streamlining copyright licensing Richard Hooper/Ros Lynch Report on Streamlining Copyright – Complexity and Expense – One Stop Shop Copyright Hub Ltd – Education Work Stream

Section 35 CDPA from April 2014 ? For current s 35(1A) CDPA substitute (1A) Copyright is not infringed where a recording of a broadcast or a copy of such a recording, whose making was by virtue of subsection (1) not an infringement of copyright, is communicated to the public by a person situated within the premises of an educational establishment, provided that the communication is received: (a) on the premises of that establishment; or (b) where it is received off the premises, by means of a secure electronic network which is only accessible to staff or students of the establishment.

Section 35 CDPA from April 2014 …… For current s35 (2) CDPA substitute: (2)Acts which would otherwise be authorised by this section are not authorised if, or to the extent that, licences are available authorising the copying in question and the person making the copies knew or ought to have been aware of this fact.

A Unified ERA Licence Tariff (One Licence) HE £2.63 per FTE (£ p) Longer Licensing Agreements ? Record Keeping Overseas Students

Complexity of Licensing Concern over the complexity of copyright licensing for educational use is now being addressed in a number of new fora. Industry bodies increasingly work together to get copyright messages out to licensees in the most effective way. UK government supports improved education and awareness about the value of copyright and other intellectual property within educational establishments. Copyright Works Streamlining copyright licensing for the digital age. See

Thank you Helen Nicholson Chief Executive Educational Recording Agency Verulam House 60 Gray’s Inn Road London WC1X 8LU