Hi All,
This relates to ambiguities in the Copyright Act. On-demand services are not considered broadcasts in the Copyright Act and so are not covered by the defence of playing or showing films, sound recordings and broadcasts in lectures/seminars/classes. In theory, we were all previously potentially infringing copyright by clicking on links to iPlayer to show the class.
This came up on LIS-Copyseek some years ago and I sought clarification from the BBC, Channel 4 and Channel 5. C4 and C5 both gave permission to show their on-demand services in class, but the BBC (who I don't think really understand it a great deal) said as long as we had a TV licence and an ERA licence then we could show on-demand clips direct from iPlayer.
This change to the ERA licence now brings all the on-demand services into the scope of the licence, meaning that although there isn't a permitted act for them in copyright law, there now is a way they can be lawfully used within education (bit irritating as we already got permission from at least C4 and C5 directly).
So it came about as more of a 'you may now show these in class' rather than a 'you may copy from our services'. However, I'm unclear as to whether their terms now allow us to copy directly from iPlayer etc or not; there are quite a few pieces of software that will copy from iPlayer but the terms and conditions of iPlayer would then conflict with the terms of the ERA licence.
Something for the BBC et al to clarify.
Not really an answer to the question but just thought I'd give you some background as to where this comes from.
Best wishes,
Emily
Emily Goodhand
Copyright & Compliance Officer, IMPS (Information Management & Policy Services)
University of Reading, Room 221A, Whiteknights House, Reading, RG6 6AH
t: +44 (0) 118 378 6766 f: +44 (0) 118 987 4722 www.reading.ac.uk/imps
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of DEAKIN, Richard
Sent: 01 July 2013 11:49
To: [log in to unmask]
Subject: Re: Recording of programmes via the BBC iplayer & 4OD + Changes to terms for recording OU programmes
Here's my earlier personal response to Jane about the ERA licence and use of on demand content.
Hi Jane
I was very interested in these developments too, but I'm not entirely sure even the BBC or Channel 4 actually know what they mean when they now say online / on demand content is now covered by the ERA licence. Certainly, the ERA and BBC websites say something along these lines: "educational establishments CAN record and access recordings of BBC Content for educational purposes under the terms of that ERA licence." Unfortunately it is very ambiguous and still not very clear. One way it could be interpreted is that previously the ERA licence did not permit the use or showing of any catch-up style online content such iplayer or 4OD because it was not recorded live at the time of broadcast. It could be that we are now allowed to show or use on demand programmes even though they aren't recordings of the actual scheduled broadcast. Therefore, even recent developments permitting the use of online on-demand content to be used under the terms of the ERA Licence might still only mean it allows the recording / downloading of a programme from iplayer and showing it during the period it is available for.
I would like to think such developments does mean physical capture and archiving of on-demand programmes is now allowed and I've tried contacting the BBC and Channel 4 to seek further clarification on a number of occasions about this. They've either completely misunderstood my enquiry or fudged the issue (probably because no one really knows!), and I'm still waiting to hear back from both with regards my last emails to them. It's also interesting to note that ITV and Channel 5 have both also now agreed for their online content to be covered by the ERA licence, but their terms of use seem to be less ambiguous and suggest that the permanent capture of online content is not permitted. http://www.era.org.uk/news_developments.html#itvc5
Hope all that makes sense.
Please can you let me know if you have any thought about this, or if you hear from anyone else concerning the issue as I would really like to get to the bottom of it. I would also like to hear from you if you do hear of a good way of capturing online content such as programmes from iplayer too. Thanks.
Regards
Rich
-----Original Message-----
From: DEAKIN, Richard
Sent: 01 July 2013 11:47
To: 'Andy Wright'; [log in to unmask]
Subject: RE: Recording of programmes via the BBC iplayer & 4OD + Changes to terms for recording OU programmes
Hi Andy
Yes great news indeed about the OU licence revocation, but I'm still a bit unsure about the ERA guidelines concerning the use of online / on demand content and am not entirely convinced that when the BBC say you can record such content it actually means it in the sense of physically copying / recording it and making an archive copy from it. I sent an email to Jane earlier this morning about this which I will repost in a minute for you to try and make sense of and make suggestions. Please try and convince me, as it really would be great news if we really can now record on demand programmes if we miss an actual broadcast, if the technology also permits of course.
Rich
_____________________________
Rich Deakin
Library Information Technologist
FCH Library
University of Gloucestershire
Swindon Road
Cheltenham
GL50 4 AZ
tel. 01242 (71)4665
email: [log in to unmask]
-----Original Message-----
From: A general Library and Information Science list for news and discussion. [mailto:[log in to unmask]] On Behalf Of Andy Wright
Sent: 01 July 2013 11:34
To: [log in to unmask]
Subject: Re: Recording of programmes via the BBC iplayer & 4OD + Changes to terms for recording OU programmes
Hi Jane,
Thanks for forwarding this information as I was unaware of the changes. It would be nice if the ERA could automatically update licence holders as and when these changes occur.
I also deal with lots of tutors who ask for programmes after they have been broadcast - they seem to think my recording equipment can record programmes retrospectively! Sometimes I am able to get hold of these programmes from fellow LIS-LINKERs and sometimes they are repeated, but often the only place these programmes can be accessed is through catch-up services. From now on I will be using these services as and when needed. I'll just need to work out the technical side of things.
I just have one question: the terms for the BBC iPlayer appear quite clear - I can 'record and access BBC Content in relevant BBC Online Services for educational purposes'. However, the terms for 4oD are more ambiguous. They state I am able to 'apply non-commercial educational use within the scope of the ERA License to access 4oD content within Channel 4 Online Services on the conditions that would otherwise be limited to personal, non-comercial use'. I think this means I can record and copy from 4oD (as that is what the ERA License permits me to do) - is this how you read it as well?
Finally, I don't know if you were aware, but I was recently informed by Shirley Battson, Licence Scheme Administrator for Open University Worldwide that 'the OU Off Air Recording Scheme has now been wound up as at the end of December 2012 and all licences have been transferred to the ERA Scheme. From now on, as long as your establishment holds an ERA Licence you can record all OU materials free of charge'. This was great news to me as we didn't purchase the OU Off Air Recording Scheme license and I was prevented from recording lots of useful OU programmes. I suspect it will be good news to others in the same position.
Kind regards,
Andy
Andy Wright
LRC Support Officer (Audio-Visual Services) Learning Resources Centre Calderdale College Francis Street Halifax West Yorkshire
HX1 3UZ
Tel: 01422 399350
From: Jane Gibbs
Sent: Fri 28/06/2013 13:57
To: [log in to unmask]
Subject: Re: Recording of programmes via the BBC iplayer & 4OD
I have recently noticed the following change to the terms & conditions of the ERA licence:
ERA Welcomes changes to link use of BBC Online Services and Channel 4 Video on Demand Services with ERA Licences?<http://www.era.org.uk/on_demand.html> . If anyone is already doing this please could they advise how they are going about it? We are very interested in being able to capture things that are on catch-up as academics quite often contact us about programmes that have already been broadcast and very often they aren't repeated.
I will circulate any responses I get to anyone who is interested
Many thanks
Jane Gibbs
Digital Production Manager
Frederick Lanchester Library
Coventry University
Far Gosford Street
Coventry
CV1 5DD
http://covmedia.blogspot.com/
Tel: 024 76887548
email: j.gibbs@coventry .ac.uk
Coventry University is now on iTunes U. Visit http://www.coventry.ac.uk/itunesu/ to find podcasts, videos and more
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