The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University Educational Enterprises Limited) Order 1990

Made: 8th October 1990

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 143(2) and (3)(a) of the Act, hereby makes the following Order:—

1

This Order may be cited as the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University Educational Enterprises Limited) Order 1990.

2

The licensing scheme set out in the Schedule to this Order is certified for the purposes of section 35 of the Act (recording by educational establishments of broadcasts or cable programmes).

3

The certification under article 2 above shall, for the purposes of section 35 of the Act, come into operation on 3rd December 1990.

SCHEDULE — OPEN UNIVERSITY EDUCATIONAL ENTERPRISES LIMITED LICENSING SCHEME

Licensing scheme for the recording of television programmes

Open University Educational Enterprises Limited operates a licensing scheme for the off-air recording of designated television programmes. The scheme set out hereunder is operated for the purposes of section 35 of the Copyright, Designs and Patents Act 1988 (“theAct”) in respect of recording of broadcasts by educational establishments.

The works for which licences are offered under the scheme are designated programmes.

The charges payable for the licence (the programme fees) are set out in Appendix A hereto. Licences shall be issued on the terms set out in Appendix B hereto.

In the Scheme and the Appendices —

• “designated programmes” means the broadcast television programmes which shall be those broadcast by the British Broadcasting Corporation or other broadcasting organisation on behalf of the Open University;

• “educational establishments” means any school as defined in section 174 of the Act and any other description of educational establishment as may be specified by order of the Secretary of State under that section[^f00002];

• “educational purposes” means the showing of recordings of designated programmes exclusively in teaching, training or study as part of a formal or informal course of instruction undertaken or carried out by the Licensee for non-profit making purposes and where no charge is made on any person for the purposes of viewing the designated programmes;

• “the Licensor” means Open University Educational Enterprises Limited;

• “programme fee” means the fee payable calculated in accordance with the Licensor’s scale of programme fees as set out in appendix A for the use of a designated programme in accordance with the terms of the licence for a period of up to twelve months from the date of its recording unless or until the licence is terminated pursuant to Clause 2 or 6 of Appendix B;

• and “record off-air” means to record by the use of any available playback device on video tape a transmission by broadcast or diffusion of television programmes to be received by television or similar receiving device.

Signed

Douglas Hogg — Minister for Industry and Enterprise, — Department of Trade and Industry — 8th October 1990

Explanatory note

(This note is not part of the Order)

Under section 35 of the Copyright, Designs and Patents Act 1988 recordings of broadcasts and cable programmes may be made by or on behalf of educational establishments without thereby infringing copyright. The section does not, however, apply if and to the extent that there is a licensing scheme certified for the purposes of that section providing for the grant of licences.

This Order certifies the licensing scheme to be operated by Open University Educational Enterprises Limited (effective from 3rd December 1990) for the granting of licences to educational establishments for the recording by them of television programmes broadcast on behalf of the Open University.

Footnotes

[^f00001]: 1988 c. 48.

[^f00002]: See the Copyright (Educational Establishments) (No. 2) Order 1989 (S.I. 1989/1068).