ERA grants licences to educational establishments covering rights that are recognised under two specific provisions of the Copyright, Designs and Patents Act 1988 (as amended).
We refer to this as “the Act” in these notes.
The two provisions are s35 (which deals with broadcasts and copyright works included in broadcasts) and paragraph 6 of Schedule 2 (which deals with performances that are included in broadcasts). For simplicity we shall refer to these provisions as “s 35 provisions”.
S35 provisions allow for copying and other uses of broadcasts and copyright works and performances included in the broadcasts (whether radio or television) by educational establishments for non-commercial educational purposes; but make it clear that the uses are not permitted if, or to the extent that, licences are available authorising the acts in question.
ERA Members have agreed that their repertoire is to be licensed under ERA Licences for these purposes. It is referred to as “ERA Repertoire”.
The ERA Licence permits educational establishments to make or cause others to make copies of ERA Repertoire within licensed ERA Recordings and to enable the ERA Recordings to be used for non-commercial educational purposes of licensed educational establishments.
Essentially, the ERA licence enables educational establishments to create libraries or repositories of broadcasts which can be used for teaching and learning. The licence also enables access to online or on-demand broadcasts for educational use. Terms and conditions of public service broadcasters themselves may also state that online services (such as “catch-up” TV) may only be accessed for non-commercial educational use by establishments holding a valid ERA licence.
When ERA Recordings are electronically made available for viewing or listening by students and teaching staff, the ERA Licence requires that communication is only permitted using the secure networks operated by or for the educational establishment where they work.