I wonder if some confusion might come from the question of how one might record an on-demand broadcast when currently copyright laws stipulate that it's illegal to circumvent those technical protection measures which are in place to prevent recording for non-personal use.
So if I understand what's already possible, it seems like we can create a copy (record media) for 30 days (thereabouts) because BBC have that download technology built into iplayer, but how do we record from iplayer onto our server or a DVD?
But that's not really a fair question because it's also illegal to tell people how to circumvent technical protection measures. So for the first time in the history of this list (maybe?) I'm going to ask that you please don't answer that question!
-----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 12:26
To: [log in to unmask]
Subject: Re: Recording of programmes via the BBC iplayer & 4OD + Changes to terms for recording OU programmes
Hi Rich,
I see what you mean about the BBC terms perhaps being ambiguous and we do need to know what the BBC means by the word 'record'. I would argue that being able to 'record' means copying a programme that will be kept for a long time. Dictionary.com states the word record as a verb means 'to set down or register in some permanent form' and I would agree with this. If the BBC meant that programmes could only be made available for the time they are available on iPlayer a) they should be made explicitly clear and b) they should use another term. The word 'record' to me suggests a degree of permanence. I am no legal expert, but I would not expect them to be successful in a prosecution if they did not make it clear that programmes could only be kept for a set amount of time. Also, you can prove that you have contacted them and asked for clarifcation. I suppose on the other side of the coin they could argue that if you are unsure you should not record/copy programmes and keep them for an unlimited time - if in doubt don't do it. I was pretty clear what I was going to do when I initially read the terms but I am having doubts now. I understand the need for copyright, but working out what you can and can't do can be a real pain. Perhaps the ERA could clarify matters?
What do you think of the 4oD terms? They are even more ambigious, and I am far less certain of where I stand with them. Then again, they allow 'non-commercial education use within the 'scope of the ERA Licence' and the ERA Licence does permit recording and copying of programmes.
Thanks,
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: DEAKIN, Richard
Sent: Mon 01/07/2013 11:46
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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