STATUTORY INSTRUMENTS
2003 No. 187
COPYRIGHT
The Copyright (Certiﬁcation of Licensing Scheme for
Educational Recording of Broadcasts) (Open University)
Order 2003
Made - - - - - 30th January 2003
Coming into force - - 1st April 2003
Whereas Open University Worldwide Limited (company number 01260275 previously named
Open University Educational Enterprises Limited) has applied to the Secretary of State tocertify for the purposes of section 35 of the Copyright, Designs and Patents Act 1988( a) (“the
Act”) a new licensing scheme to replace the licensing scheme set out in the Schedule to theCopyright (Certiﬁcation of Licensing Scheme for Educational Recording of Broadcasts) (OpenUniversity Educational Enterprises Limited) Order 1993( b) (“the 1993 Order”);
And whereas the Secretary of State is satisﬁed that the new scheme enables the works to
which it relates to be identiﬁed with su Ycient certainty by persons likely to require licences and
that it sets out clearly the charges (if any) payable and the other terms on which licences willbe granted;
Now, therefore, the Secretary of State in exercise of the powers conferred upon her by section
143 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) Order 2003 and shall come into forceon 1st April 2003.
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 and cableprogrammes).
3. The certiﬁcation under article 2 above shall for the purposes of section 35 of the Act come
into operation on 1st April 2003.
4. The 1993 Order and the Copyright (Certiﬁcation of Licensing Scheme for Educational
Recording of Broadcasts) (Open University Educational Enterprises Limited) (Amendment)Order 1996( c) are hereby revoked.
5. Nothing in this Order shall a Vect the operation of licences granted under the 1993
scheme and in force at the coming into force of this Order.
Melanie Johnson,
Parliamentary Under-Secretary of State for
Competition, Consumers and Markets,
Department of Trade and Industry 30th January 2003
a)( 1988 c. 48.
b)( S.I. 1993/2755, as amended by S.I. 1996/190.
c)( S.I. 1996/190.
1SCHEDULE Article 2
OPEN UNIVERSITY LICENSING SCHEME
Open University Worldwide Limited holds an exclusive right under copyright to licence the recording o V
air of all Open University television programmes in the United Kingdom by Educational Establishmentsand operates a licensing scheme for the o Vair 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 (“the Act”) in respect of recording of broadcasts by Educational Establishments and
replaces the scheme scheduled to the Copyright (Certiﬁcation of Licensing Scheme for Educational Recor-ding of Broadcasts) (Open University Educational Enterprises Limited) Order 1993 (“the 1993 Scheme”).
The charges payable under the licences are set out:
(a) in respect of Schools, in Appendix A to the licensing scheme;
(b) in respect of Educational Institutions, in Appendix B to the licensing scheme.
The Open University Licensed O VAir Recording Scheme for Educational Establishments
Licences shall be issued in accordance with the terms set out below.
DEFINITIONS
In the Scheme and the Appendices the following expressions have the meanings set opposite them:
School: Any school as deﬁned in section 174 of the Act.
Educational Institution: Any educational establishment speciﬁed by order of the Secretary of State
under section 174(1)(b) of the Act.
Licence Fee: The fee payable by Schools calculated in accordance with Open Univer-
sity Worldwide Limited’s scale of fees set out in Appendix A for the use
of Designated Programmes in accordance with the terms of the Licence
for a period of up to twelve months from the date of the Licence as origi-nally granted or renewed unless or until the Licence is terminated pur-
suant to Clauses 2 or 6 thereof.
Programme Fee: The fee payable by Educational Institutions calculated in accordance with
Open University Worldwide Limited’s scale of programme fees as set outin Appendix B 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 Clau-
ses 2 or 6 thereof.
Designated Programmes: The television programmes broadcast by the British Broadcasting Corpo-
ration or other broadcasting organisation(s) on behalf of the Open Uni-versity. The expressions “recordings of the Designated Programmes” or“recorded Designated Programmes” includes Additional Copies.
Record o Vair: To record by the use of video tape, video compact disc or any available
recording and/or playback device whether available now or invented inthe future, a transmission by broadcast or di Vusion of television program-
mes to be received by television or similar receiving device.
Educational Purposes: 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 pur-
poses of viewing the Designated Programmes, including the loan of recor-
dings to bona ﬁde students for such purposes.
Additional Copies: Copies made by the Licensee of Designated Programmes recorded by it.
Business Day: Any day except Saturday, Sunday, a Bank Holiday, Christmas Day or
Good Friday.
Educational Establishment: An educational establishment as deﬁned in section 174 of the Act.
21. GRANT
The School or the Educational Institution (hereinafter referred to as “the Licensee”) shall warrant that it
is a School or Educational Institution, as the case may be, and Open University Worldwide Limited shall
grant to the Licensee on the terms set out below a non-exclusive Licence to Record o Vair Designated
Programmes for Educational Purposes.
2. TERM
The Licence shall continue from the date of issue for a period of twelve months and shall be automatically
renewed for further periods of twelve months unless or until terminated in accordance with Clause 6, orby either side giving to the other not less than one calendar month’s notice in writing, in the case of
Educational Institutions, to expire on the date of the anniversary of any twelve month period.
3. WARRANTIES AND OBLIGATIONS OF OPEN UNIVERSITY WORLDWIDE LIMITED
(1) Warranties
Open University Worldwide Limited warrants that it is duly appointed by the relevant
copyright owners and/or broadcasting organisations to act as Licensor on their behalf and
it has full power and authority to grant the rights set out herein.
(2) Obligations
Open University Worldwide Limited shall make available to the Licensee information
about the transmission schedules of the Designated Programmes.
4. OBLIGATIONS OF THE LICENSEE
The Licensee shall:
(1) ensure that all Recording o Vair is made by a lecturer, instructor, teacher or other suitably qualiﬁed
person appointed for the purpose by the Licensee;
(2) ensure that recordings of the Designated Programmes are not edited, cut or amended in any way
including by digital manipulation without prior written permission of Open University Worldwide
Limited and are not shown or disclosed or passed into the possession of any third party and are notremoved from the direct control of the Licensee;
(3) ensure that the recorded Designated Programmes are used for Educational Purposes only and the
Licensee shall not itself or through its employees or agents, sell, lend, hire or otherwise use or dispose ofrecordings of Designated Programmes other than in accordance with the terms of the Licence and shall
prevent any third party from duplicating, selling, lending, hiring or otherwise using or disposing of
recordings of the Designated Programmes;
(4) where the Licensee is an Educational Institution, make up, retain and keep made up such detailed
and accurate records as may be required by Open University Worldwide Limited of the DesignatedProgrammes recorded and in particular shall complete the log sheets provided by or approved in writing
by Open University Worldwide Limited;
(5) a Yx to each recording in a prominent place and shall not obscure, remove, alter or deface a label
which shall include the title of the Designated Programme and the date upon which it was recorded;
(6) where the Licensee is an Educational Institution, return to Open University Worldwide Limited all
duly completed log sheets on dates speciﬁed by Open University Worldwide Limited to a maximum
number of three times in each twelve month licence period and on termination of the Licence;
(7) subject to paragraph (8) below, erase any and all recordings of the Designated Programmes in
existence at the expiration of the licence period or upon termination of the Licence whichever shall be the
sooner and shall supply to Open University Worldwide Limited a certiﬁcate of erasure within 28 days of
such expiration or termination;
(8) if the licence period is automatically continued without interruption for a further period of twelve
months pursuant to Clause 2 the Licensee may at its option and subject to paragraph (7) retain recordings
of Designated Programmes:
(a) where the Licensee is a School, for the following twelve month period and subject always to the
proper Licence fee therefor being paid;
(b) where the Licensee is an Educational Institution, provided such programmes remain entered
into the log for the following twelve month period and subject always to the proper recordingfees therefor being paid.
(9) in the event that the Licensee makes Additional Copies, report the making of such copies
immediately to Open University Worldwide Limited. Upon receipt of such information from the Licensee,
Open University Worldwide Limited will invoice the Licensee for the copies made and will maintain a
record of the copies made.
35. CONSIDERATION
In consideration for the Licence:
(1) where the Licensee is a School,
(a) the Licensee shall pay Open University Worldwide Limited the fees set out in Appendix A plus
VAT where applicable.
(b) Licence Fees payable under paragraph (1)(a) shall be paid within thirty days of the date of the
invoice whenever sent to the Licensee by Open University Worldwide Limited;
(2) where the Licensee is an Educational Institution,
(a) the Licensee shall pay Open University Worldwide Limited the fees set out in Appendix B plus
VAT where applicable;
(b) fees payable under paragraph (2)(a) shall be calculated by Open University Worldwide Limited
annually and shall be paid within thirty days of the date of the invoice whenever sent to theLicensee by Open University Worldwide Limited;
(c) the Licensee shall permit its records and accounts to be examined upon reasonable notice in
writing from Open University Worldwide Limited by Open University Worldwide Limited’s
properly appointed representative at Open University Worldwide Limited’s expense to verify the
records and payments for which provision is made in the Licence.
NOTE
Discounted fees to cover groups of licensees may be negotiated at the discretion of Open University
Worldwide Limited.
6. TERMINATION
Open University Worldwide Limited shall at its option be entitled by notice in writing to the Licensee to
terminate the Licence forthwith in any of the following events that is to say if the Licensee shall:
(1) fail promptly to account and make payments hereunder or fail to perform any other obligation
required of it hereunder and the Licensee shall not have cured or remedied such failure within 14 (fourteen)
days of a request from Open University Worldwide Limited (time being of the essence);
(2) adopt a resolution for its winding up (otherwise than for the purpose of and followed by an
amalgamation or reconstruction) or if a petition is presented for the appointment of an administrator or
if a receiver or an administrative receiver is appointed in respect of, or an encumbrancer takes possessionof, the whole or any part of its undertaking or assets or if the Licensee is unable to pay its debts within
the meaning of section 123 of the Insolvency Act 1986;
(3) cease to carry on the business or function as a School or an Educational Institution, as the case
may be.
7. ALTERATIONS TO AGREEMENT
Any alteration or variation to the Licence shall not be valid or enforceable unless recorded in writing and
signed by an authorised signatory of each party.
8. ASSIGNMENT
The Licence is speciﬁc to the Licensee and the Licensee shall not assign the beneﬁts or the obligations of
the Licence.
9. EXPENSES
Save as otherwise expressed all expenses of and incidental to the fulﬁlment of the Licence shall be borne
by the party incurring such expense.
10. FORCE MAJEURE
Neither party to the Licence shall be liable in any way for any delays or failure to perform its obligations
thereunder resulting from any cause beyond its reasonable control.
11. SERVICE OF NOTICES
(1) Notices and other communications must be sent by ﬁrst class post, fax or e-mail whether or not they
are required to be in writing. They must be addressed to the recipient at the postal address, fax number
or e-mail address speciﬁed in the Licence unless the parties have agreed an alternative address.
(2) Notice by post will be deemed served on the third Business Day after it was posted.
(3) Notice by fax or e-mail will only be deemed served if an automatic conﬁrmation of correct sending
is received by the sender. Then, if the notice is transmitted before 4 p.m. on a Business Day, it will be
deemed served on that day, otherwise it will be deemed served on the next Business Day.
12. INDEMNITY
The Licensee will indemnify and at all times keep Open University Worldwide Limited fully indemniﬁed
against all actions, proceedings, claims, costs and damages whatsoever made against or incurred by Open
University Worldwide Limited in consequence of any breach or non-performance by the Licensee, its
employees or agents of any of the covenants contained in the Licence.
413. LAW OF ENGLAND
The law of England shall govern the Licence.
APPENDIX A
THE OPEN UNIVERSITY LICENSED OFF AIR RECORDING SCHEME SCALE OF
LICENCE FEES FOR SCHOOLS
VAT is payable in addition to all fees shown
CATEGORY 1A: Primary Schools £28 per annum
CATEGORY 1B: Secondary Schools £78 per annum
ADDITIONAL COPIES The Licence fees shown above include the recording of any Designated
(CATEGORY 1A and Programme and up to four (4) Additional Copies thereof.
CATEGORY 1B)
Where the Licensee makes more than four (4) Additional Copies, the feescharged will be:
5–10 Additional Copies of any single £30 for each Additional
Designated Programme Copy
11–20 Additional Copies of any single £20 for each Additional
Designated Programme Copy
21-plus Additional Copies of any £10 for each Additional
single Designated Programme Copy
APPENDIX B
THE OPEN UNIVERSITY LICENSED OFF AIR RECORDING SCHEME
VAT is payable in addition to all fees shown
1. SCALE OF PROGRAMME FEES FOR EDUCATIONAL INSTITUTIONS
Number of Fee per Annum or Part Unit Cost per Additional
Recordings thereof Recording
Under 5 recordings will be charged at £19.36 per recording
5 £96.80
6–9 £19.36
10 £155.25
11–14 £15.48
15 £212.55
16–24 £14.20
25 £322.65
26–49 £12.90
50 £594.75
51–74 £11.88
75 £865.75
76–99 £11.50
100 £1,128.50
101–124 £11.30
125 £1,355.40
126–149 £10.86
150 £1,552.50
151–199 £10.38
200 £1,934.60
201–249 £9.68
250 £2,328.70
251–299 £9.30
300 £2,651.10
301–399 £8.88
400 £3,290.00
401–499 £8.22
500 £3,869.20 £7.15
5Please note that the FEES relate to EACH EPISODE of a series. Thus a series of six programmes will
attract six programme fees.
These fees apply to those programmes which are retained for use. A FREE 28 day period for PREVIEW
purposes ONLY is allowed to assess suitability.
2. SCALE OF FEES FOR ADDITIONAL COPIES
ADDITIONAL COPIES The Programme fees shown in 1. above include the recording of any
Designated Programme and up to four (4) Additional Copies thereof.
Where the Licensee makes more than four (4) Additional Copies, the fees
charged will be:
5–10 Additional Copies of any single £30 each
Designated Programme
11–20 Additional Copies of any single £20 each
Designated Programme
21-plus Additional Copies of any £10 each
single Designated Programme
6EXPLANATORY NOTE
(This note is not part of the Order)
Under section 35 of the Copyright, Designs and Patents Act 1988 (1988 c. 48) (“the Act”)
recordings of broadcasts and cable programmes may be made by or on behalf of educationalestablishments for the educational purposes of that establishment without thereby infringingcopyright. The section does not apply, however, if or to the extent that there is a licensingscheme certiﬁed for the purposes of that section under section 143 of the Act providing for thegrant of licences.
This Order, made under section 143 of the Act, both certiﬁes the scheme scheduled to it which
is to be operated by Open University Worldwide Limited, and revokes the Copyright
(Certiﬁcation of Licensing Scheme for Educational Recording of Broadcasts) (Open University
Educational Enterprises Limited) Order 1993 (S.I. 1993/2755) (“the 1993 Order”) which itreplaces. It also revokes the Copyright (Certiﬁcation of Licensing Scheme for EducationalRecording of Broadcasts) (Open University Educational Enterprises Limited) (Amendment)Order 1996 (S.I. 1996/190) (“the 1996 Amendment Order”) which amended the 1993 Order.
The certiﬁcation under section 143 of the Act comes into operation, and the revocation of
the 1993 Order and the 1996 Amendment Order takes e Vect, on 1st April 2003.
7STATUTORY INSTRUMENTS
2003 No. 187
COPYRIGHT
The Copyright (Certiﬁcation of Licensing Scheme for
Educational Recording of Broadcasts) (Open University)
Order 2003
£2.00
?Crown copyright 2003
Printed and published in the UK by The Stationery O Yce Limited
under the authority and superintendence of Carol Tullo, Controller of
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E0134 3/2003 130134 19585ISBN 0-11-045002-7
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