TV/FILM/VIDEO
This section provides a general outline of the licences held by GU which relate to TV programmes. There is no licence covering corporate or commercial videos, or films (other than those which have been broadcast on TV and which are therefore covered by the ERA licence (Educational Recording Agency) Licence
ERA (Educational Recording Agency) Licence
The University holds the ERA licence for recording TV and radio programmes ("broadcasts") for non-commercial educational purposes. It is a blanket licence allowing reasonably free use of TV material for teaching, based on the number of FTE students at the institution. Cable and satellite programmes may be recorded, not under the ERA licence, but because there is no other licensing scheme in place.
You can record feature films, advertisements, documentaries, dramas, etc, but not Open University programmes, which are covered by a separate agreement. The purpose must be for educational, not promotional or recreational use, and the (non-paying) audience must be registered students, and staff involved with the teaching.
You can record programmes off air (or ask the Media Unit to do it for you) at home or in your department, make multiple copies, and compile extracts (but not adapt, e.g. separating soundtrack, adding new commentary).
The programmes must not be communicated to anyone outside the University premises. This means that students may access recordings made under the ERA licence and stored on a central server, from an on-site terminal, but may not access recordings while at home, abroad or anywhere off-site. Note that a server system must contain sufficient acknowledgement of the broadcast including the date of the recording, title of programme, name of broadcaster and a legend "This recording is to be used only under the terms of the ERA licence".
Recordings and copies may also be made and stored in analogue and digital form. Digital recordings are subject to the same terms and conditions as analogue recordings.
Any transmissions which involve internet transmissions are NOT included in the definition of "broadcasts" EXCEPT:
- where the internet transmission takes place simultaneously with a broadcast made by traditional means; or
- where the internet transmission is of a live event; or
- where the internet transmission involves moving images or sounds forming part of a programme service, where the programmes transmitted are scheduled at times provided by the service provider.
ERA requires all recordings and copies to be accompanied by details (a label for example) of date, name of broadcaster, time and title of the recording and the statement "This Recording is to be used only under the terms of the ERA Licence"
Contact for specific inquiries:
Kerr Gardiner in first instance
ERA:
New Premier House
150 Southampton Row
London
WC1B 5AL
Tel: 020 7837 3222
Email: era@era.org.uk
http://www.era.org.uk
Film and Commercial Corporate Videos
If you wish to use a commercial feature film, which has not been recorded from TV (e.g. bought from high street store) you must clear copyright for the usage. This can be extremely laborious and it is very difficult to get agreement. You certainly must not make any copies or edit such material, even if it is for teaching purposes. There are only two exceptions to this rule
- films may be copied in the process of instruction in the techniques and processes of film-making (mainly applicable to practical work in film schools).
- Copying is permitted for examination purposes if used in the course of setting, communicating and answering questions.
Unlike literary, dramatic, musical and artistic works, films and sound recordings may NOT be copied for research or private study.
Similarly with regard to any other video produced by a commercial company, or indeed another educational institution, you must obtain permission to copy all or part of the programme for whatever application you require. Direct approach to the producers is the first step, and if they agree, a fee may be payable, though often rights owners will give permission for non-profit making applications in return for a credit.
