There are two separate issues here. Pre-recorded films with 18 certificates
should not be made available to anyone under 18, be that commercially or in
an educational setting. The Video Recordings Act 1984 defines the 'supply'
of a video recording as being "supply in any manner, whether or not for
reward [including] supply by way of sale, letting on hire, exchange or
loan", so this covers the supply of such materials within a
college/university.
Off-air recordings made under ERA license are a different matter as they do
not bear certificates, and in any case they will in many cases have been
edited pre-transmission to remove 18-certificate material. Hence they are de
facto outside the considerations and restrictions of UK classification. The
ERA stipulates that students should "use such recordings for legitimate
educational purposes" only and implies that should be only on the campus of
the "licensed establishment", though the precise definition of this is
unclear. Further details can be found at
http://www.era.org.uk/infobook.html, though they make no mention of this
specific question of classification.
This is the BUFVC's reading of the current situation and the question that
you have raised, but does not constitute legal advice.
Luke
************************************************
Luke McKernan
Head of Information
British Universities Film & Video Council
77 Wells Street
London W1T 3QJ
Tel: 020 7393 1508
Fax: 020 7393 1555
E-mail: [log in to unmask]
----- Original Message -----
From: "Sarah Kirkham" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, October 17, 2001 5:23 PM
Subject: 18 certificate Videos
Can anyone offer any advice on lending 18 certificate videos to under
18's.
Since we have moved our video collection we have become increasingly
aware of our under 18 students wishing to view or borrow material which
may have an 18 certificate, either pre-recorded films or off-air
recordings made under the ERA licence.
Can anyone out there give advice on our legal position, are we breaking
the law if we lend them or let them view the material in the library? I
am anxious that we are clear about our position.
Also what happens if someone is required to view a video as part of
their course which has an 18 certificate and they are under 18?
Any information would be appreciated.
Thank you
Sarah Kirkham
Audio Visual Librarian
Suffolk College Library
Rope Walk
Ipswich
Suffolk
IP4 1LT
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