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Question 1(c)

Can I use the Charlie Parker programme (BBC broadcast) recorded off air in 2006 in the lecture that will be put on the VLE?

1:  Yes. I am using the work under an education exception (s.35(1)) of the Act permits an educational establishment to record or to make a copy for educational purposes of a broadcast, without infringing the copyright in any underlying literary, dramatic or musical work.

Incorrect answer. Section 35 only applies if there is not a licensing scheme in place (and would only allow an educational establishment to permit students on the premises to view the recording in their own time). However, Educational Recording Agency (ERA) operates such a licensing scheme. To include parts of the broadcast programme without such a license would be an infringement. See also Educational copying.

2:  Yes. The broadcaster has mainly used other people’s content in the programme, most of which are probably out of copyright, so I should be OK.

Incorrect answer : Section 35 only applies if there is not a licensing scheme in place (and would only allow an educational establishment to permit students on the premises to view the recording in their own time). However, Educational Recording Agency (ERA) operates such a licensing scheme. To include parts of the broadcast programme without such a license would be an infringement. See also Educational copying.

3:  Yes, but only if my institution has an ERA Plus licence. This would enable me to show the programme on the VLE

Correct answer. A broadcast is protected as a ‘work’ in the Act. The third-party content within the programme (if still in copyright) is also protected (e.g. scripts, music, performances). However, if your institution has an ERA Plus licence, then the use of the Charlie Parker programme, recorded off air, would be fine. Only educational establishments or bodies acting on behalf of educational establishments which hold ERA Licences will be eligible to take out an ERA Plus Licence. This is because the right to record broadcasts for non-commercial educational purposes by making ERA Recordings will continue to be governed by the terms of the ERA Licence. Please note ERA cannot license public libraries, commercial training organisations or educational units in museums and galleries, as these are not ‘educational establishments’ according to the Act. For more information on ERA, go to http://www.era.org.uk. See also Categories of works and periods of protection.

Note : If you have not read any of the other answer(s), it would be a good idea(recommended) to do so when you have more time as the other answers provide more information and will help build up or extend your overall copyright knowledge.

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Correct Answer

The correct answer is: Yes, but only if my institution has an ERA Plus licence. This would enable me to show the programme on the VLE

A broadcast is protected as a ‘work’ in the Act. The third-party content within the programme (if still in copyright) is also protected (e.g. scripts, music, performances). However, if your institution has an ERA Plus licence, then the use of the Charlie Parker programme, recorded off air, would be fine. Only educational establishments or bodies acting on behalf of educational establishments which hold ERA Licences will be eligible to take out an ERA Plus Licence. This is because the right to record broadcasts for non-commercial educational purposes by making ERA Recordings will continue to be governed by the terms of the ERA Licence. Please note ERA cannot license public libraries, commercial training organisations or educational units in museums and galleries, as these are not ‘educational establishments’ according to the Act. For more information on ERA, go to http://www.era.org.uk. See also Categories of works and periods of protection.

Note : If you have not read any of the other answer(s), it would be a good idea(recommended) to do so when you have more time as the other answers provide more information and will help build up or extend your overall copyright knowledge.

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