On 27 March 2014 the Government published The Copyright and Rights in Performances
(Research, Education, Libraries and Archives) Regulations 2014
The draft Statutory Instrument as published can be accessed here
The Regulations will effect the changes to the scope of s 35 and paragraph 6 Schedule 2
Copyright, Designs and Patents Act 1988 which have been expected and discussed with ERA members
and representatives of educational establishments over the last year.
The changes have led to the preparation and launch of the new ERA Licensing Scheme that
will be applied for ERA licences granted on or after 1 April 2014.
New ERA Licences will apply for all schools whose licences fall due for renewal from 1 April 2014.
The terms of ERA or ERA Plus Licences which were granted before 1 April 2014 and which run
for a Licence Period that runs beyond 1 April 2014, will be unaffected and continue in force until
the end of their Licence Period(s).
Renewals will then be offered by reference to the new ERA licensing scheme.
Further information about the new ERA Licence can be accessed.
ERA has reached agreements that enable publication of tariff rates for schools who take out the new single ERA Licence from 1 April 2014
The terms of the single ERA Licence provide for tariff rates to be published on the ERA website. The Schedule of Terms can be accessed via the download menu..
The annual tariff for students in schools shall be
(a) for students in Primary schools (including Preparatory schools, special schools, pupil referral units and non-maintained special schools)
From 1 April 2014 to 31 March 2015 – 35p per student
From 1 April 2015 to 31 March 2016 – 40p per student
From 1 April 2016 to 31 March 2017 – 43p per student.
(b) for students in Secondary Schools and students in educational establishments of Further Education (including former Sixth Form Colleges) who have not attained the age of 18 at the start of the education year
From 1 April 2014 to 31 March 2015 – 89p per student
From 1 April 2015 to 31 March 2016 – 91p per student
From 1 April 2016 to 31 March 2017 – 93p per student.
Abatements against application of the tariff rates may be negotiated at ERA’s discretion to cover groups of Educational Establishments for whom licence fees are paid centrally.
For background to the launch of the new single ERA Licence.
ERA recently attended the Bett show at London Excel. An information booklet was published with further details about the ERA Licensing Scheme and changes that will be implemented from 1st April 2014. To download a copy please click here
The Department for Education has signed an Agreement with The Educational Recording Agency Limited (ERA) under which the Department will pay licence fees to allow all funded schools in England to have the benefit of the ERA Licence from 1 April 2104.
The Agreement will mean that ERA Licence fees are paid centrally by the Department for Education during each of the three licence years commencing with the implementation of new copyright regulations that are expected to be implemented from 1 April 2014.
In recent years the Government has consulted the education sector over ways in which the statutory underpinning of the ERA Licence might be changed in ways that would allow all the educational uses currently licensed under the separate ERA and ERA Plus Licence to be brought together within a single licensing scheme. The new Regulations (covering changes s 35 and paragraph 6 Schedule 2 CDPA 1988) are expected to be implemented from 1 April 2014.
In anticipation of this, ERA will launch a new single licensing scheme from 1 April 2014. This will provide administrative savings for schools and ensure that all licensed schools are able to make ERA licensed resources available to students when at school or online when undertaking school work at home.
The Department for Education approached ERA to agree terms upon which the fees applicable to the new ERA Licence for all funded schools in England might be paid for centrally, rather than by individual schools or through Local Authorities. The Agreement which now been concluded with the Department for Education provides for ERA Licence fees for funded schools in England to be paid centrally by the Department for each of the three licensing years from 1 April 2014, 1 April 2015 and 1 April 2016. Individual funded schools in England will each be granted a new ERA Licence under the arrangements described below, and will remain responsible for complying with the terms of the ERA Licence.
To help ensure that schools are aware of the scope of their copyright licences, the Government has promoted work to ensure that individual schools are able to source more easily information about the copyright licences which they hold at any one time. ERA has therefore agreed with the Centre for Education and Finance Management (CEFM) that CEFM will hold records of the schools on whose behalf ERA Licence Fees have been paid by the Department for Education, and provide access for each school to the individual details of their ERA Licence terms. In addition, the CEFM will offer a helpline for schools which will support the service currently provided by ERA itself, to answer enquiries about the scope of the ERA Licence and how it supports access to educational recordings and linked resources. ERA will contact schools with information about the helpline and how to access the specific terms of the individual ERA licence in March.
Licence fees to be paid by the Department for Education for the year from 1 April 2014 have been calculated by applying the tariffs for schools in force at 1 April 2014:
ERA 2014 Tariff: 35p per Primary pupil and 89p per Secondary pupil.
ERA has agreed an abatement against the tariffs with the Department for Education to reflect administrative savings resulting from the central payment arrangements.
For further information about the above arrangements, please contact ERA at email@example.com or telephone 020 7837 3222.
Should you wish to confirm the above arrangements with the Department for Education, please contact Ian McVicar at Ian.McVicar@education.gsi.gov.uk
Holders of ERA Licences are asked to note the launch of the Call for Evidence that form part of the first Independent Review of the framework for voluntary adoption of Codes of Conduct by collecting societies such as ERA.
ERA’s Code of Conduct can be accessed here….
Details of the Independent Review can be found at www.independentcodereview.org.uk
A consultation paper is available on the website.
Those who wish to comment upon or respond to the Call for Evidence can do so by sending responses to firstname.lastname@example.org or by completing the survey on particular societies via the link available at www.independentcodereview.org.uk
Responses are required by 28 February.
S4C has now published changes to the Terms and Conditions applicable to use of its website to expressly provided that the non-commercial educational use of the S4C Website by educational establishments is permitted provided that the educational establishment holds a current licence with the Educational Recording Agency (ERA). The terms also provide that use of the S4C Website by the educational establishment must comply with these terms and the terms of the ERA licence.
The S4C terms and conditions can be found here : http://www.s4c.co.uk/e_legal.shtml.
This change is similar to changes previously announced concerning non-commercial educational access under the terms and conditions applicable to
BBC Online Services, ITV Video on Demand, Channel 4 Video on Demand and Channel Five Video on Demand services.
New research announced today reinforces that teachers in all school sectors appreciate the value of audio-visual material for teaching and learning. Helping teachers find the material they want to use to enhance teaching and learning outcomes is the challenge for the digital era, according to research commissioned by the Educational Recording Agency (ERA).
Professor Don Passey, of Lancaster University’s Department of Educational Research, concluded in the study he conducted for ERA - Research - that audio-visual resources are used creatively in the classroom with whole classes, groups within the class and with individual learners.
Home access by learners is also encouraged, and home access by teachers is increasingly common. In the digital age, teaching is freeing itself from the confines of the classroom and learning is moving increasingly into the virtual environment.
But for teachers, finding what they need can be difficult. In an age of digital abundance, choosing and selecting the right material takes time, and not all teachers know what material is available, where they can access what they need easily, and how they can use these resources in lessons.
Helen Nicholson, Chief Executive of ERA, said:
“We welcome Professor Passey’s findings. We asked teachers what they needed in the digital age, and they are telling us they want easily accessible, high-quality audio-visual material, from a range of sources, that they can use with legal certainty in the classroom and in their virtual learning environments.
The ERA and ERA Plus licences give schools the opportunity to build up their resources of audio-visual material – and use some of the online catch-up services in the classroom too. We have always encouraged sharing between our licensees too.
But school teachers are asking for help in co-ordinating and facilitating information about the materials that they and their peers will find useful in teaching, and we intend to do our part to support what teachers do every day by developing resources which we hope teachers will use so they can teach each other how to make the most of the material they can use under their ERA licence.
In the digital age, ERA stands for education, resource, and access.”
Further to previous announcements, the Government has now published
a new Statutory Instrument to recognise the admission of Open University Worldwide Limited to ERA membership.
Formal implementation applies from 1 October 2013. However, with the agreement of
all ERA members, ERA licences have applied to OU repertoire with effect from 1 July 2013.
The Order is available to view here: http://www.legislation.gov.uk/uksi/2013/1924/contents/made.
ERA has admitted Open University Worldwide Limited to ERA membership with effect from 1 July 2013.
This means that all ERA licensees will now be able to treat the repertoire previously licensed separately under OU off-air licences as being available to become ERA Recordings covered by ERA Licences and ERA Plus Licences.
Only ERA Licences and ERA Plus licences will be required to cover future non-commercial educational use of OU Repertoire within the scope of the ERA and ERA Plus licence terms.
How will this affect current licences?
ERA members have agreed with Open University Worldwide Limited that OU repertoire will be covered as ERA Recordings from 1 July 2013.
A formal application has been made for the currently certified ERA licensing scheme to be amended to reflect the admission of Open University Worldwide Limited as an ERA member.
ERA Licences issued by ERA after admission of Open University Worldwide Limited will include the following additional clause:-
OPEN UNIVERSITY WORLDWIDE LIMITED
The films and other copyright works which are owned or represented by Open University Worldwide Limited or any of its subsidiary or associated companies and which are included in any broadcast made by the British Broadcasting Corporation or any other broadcast on behalf of the Open University Worldwide Limited from which an ERA Recording is made”.
In addition the first sentence in the last paragraph under 8 of the current Licence Schedule which states
“However, Licences under the Licensing Scheme shall not authorise the recording or use of Open University programmes” shall now be deleted and instead the revised new paragraph relating to Open University Worldwide Limited repertoire, shall apply.
What will this mean in practice?
If you have a current ERA Licence for which the Term runs beyond 1 July 2013, your Licence will be deemed amended to include the above change to paragraph 8 of the ERA Licence Schedule.
For Licences issued by ERA after 1 July 2013, the Licence cover sheets will be changed to include reference to the above change to paragraph 8 of the Schedule.
The impact of the wider repertoire now covered by ERA Licences will be a matter for future consideration of all ERA members and in consultations with user representatives.
What will happen to the previous Open University licensing scheme?
The Open University has previously informed licensees of its discussions with ERA and that, in view of the discussions, invoices for retrospective holding up to December 2012 would be the last generated invoices that licensee would have to pay to The Open University.
Following confirmation of the links with ERA for future licensing purposes, discussions are now taking place with the Intellectual Property Office for the revocation of the Statutory Instrument which previously applied to the Open University off-air licensing scheme (S.I. 2003 No. 187).
A licensing scheme operated by The Educational Recording Agency Limited (“ERA”) was certified for the purposes of section 35 of, and paragraph 6 of Schedule 2 to, the Copyright, Designs and Patents Act 1988 (1988 c.48) (“the Act”) by the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) Order 2007 (S.I. 2007/266) (as amended by S.I. 2008/211, S.I. 2009/20, S.I. 2011/159 and S.I. 2013/158) (“the 2007 Order”).ERA has applied to amend paragraph 8 of the licensing scheme certified in the 2007 Order to include Open University Worldwide Limited as a new licensor Member.
Section 143 of, and paragraph 16 of Schedule 2A to, the Act provides that a variation of a licensing scheme is not effective unless a corresponding amendment of the order certifying the scheme is made.
An Order amending the licensing scheme set out in the Schedule to the 2007 Order to correspond with the variation to the scheme which ERA wishes to make is to be formally implemented from 1st October 2013.
Teachers in classrooms across the UK are being encouraged to take part in a major study that will help shape the way electronic use of broadcast material is used to educate future generations.
The study, for the Educational Recording Agency (ERA), which is responsible for licensing the use of broadcast material for educational purposes, is being carried out by the Centre for Technology Enhanced Learning at Lancaster University.
Its findings will be put before the Government and will be used to shape the future policy of audio-visual teaching in the nation’s schools.
It is part of a major review to explore ways the ERA can support teachers more effectively in accessing and using audio-visual broadcast material – which is seen as an important way of engaging with young people in the classroom.
Teachers in England, Scotland, Wales and Northern Ireland are being asked to respond to a number of key questions and to share their experiences, concerns and ideas.
Teachers who want to contribute to the survey can do so through the Centre for Technology Enhanced Learning web-site http://www.lancs.ac.uk/fass/centres/tel/era_study or by contacting Prof Passey by email: email@example.com
FASS is a research-intensive faculty which consists of 10 subject departments (including the Lancaster Institute of Contemporary Art/Live at LICA), the Ruskin Library and Research Centre and many other world class research centres, with 4,200 undergraduates and 875 postgraduates.
The FASS Enterprise Centre is a hub for businesses and academics to meet, share ideas, skills and opportunities and promote the growing culture of entrepreneurship across the faculty.
Helen Nicolson, Chief Executive of ERA welcomed the research:-
“ERA’s intention to carry out this research was noted in the independent report for the Intellectual Property Office by Richard Hooper CBE and Dr Ros Lynch
“Copyright Works – Streamlining copyright licensing for the digital age”
published in 2012.
I hope that teachers will engage with the study to ensure that we understand ways in which easy licensed access to the potentially vast archive of materials available for educational use through ERA Licences, can be developed in the future”.
Findings from the research will also be reported to the Copyright Licensing Steering Group(CLSG). More information about CLSG and the various work streams linked to this can be found at www.clsg.info
On 27 January 2013, The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) (Amendment) Order 2013 was made. The Order has been registered under S.I. 2013/158.
A copy of the Order can be found at http://www.legislation.gov.uk/2013/158
The Order confirms changes to the Schedule of the ERA Licence and the tariff rates to apply to ERA Licences issued on or after 1 April 2013.
The revised Schedule to the ERA Licence reflecting changes approved in the Order can be found here.
Following publication of the Order to confirm changes to the ERA Licence from 1 April 2013,
ERA has updated the Schedule to apply to ERA Plus Licences taken out on or after 1 April 2013.
The revised Schedule to the ERA Plus Licence to apply from 1 April 2013 can be found here
The changes to tariffs reflect the revised arrangements and tariffs set out in the Order which provides for changes
to the main ERA Licence from 1 April 2013.
ERA has been contacting Local Authorities, schools and Academies to clarify ERA Licensing arrangements for the year commencing 1 April 2013.
Following enquiries from some contacts, we would confirm that announcements by the Copyright Licensing Agency and a Press Release from the Department for Education dated 21 December 2012 concerning a three year deal between the Department for Education and the Copyright Licensing Agency relates only to the print based “the CLA Schools Licence” and the “Schools Printed Music Licence” published by the CLA (for the benefit of relevant schools within England only).
It does not apply to activities covered by ERA Licences and ERA Plus Licences in any way.
Details of these Licences can be found on this website.
If you have any questions about the scope of the Licences, please contact ERA at firstname.lastname@example.org
ERA welcomes the appointment of James Lancaster, former BBC Head of Rights and Business Affairs as the Chair of the Copyright Licensing Steering Group overseeing several workstreams, including the development of the Copyright Hub, as part of the cross-industry initiatives to take forward the recommendations in Richard Hooper's report 'Copyright Works' - the conclusion of the second phase of his work on copyright policy development which aims to streamline copyright licensing for the digital age.
John Robinson, Chair of the ERA board of directors, said, 'James Lancaster is an excellent choice for the chair of the Copyright Licensing Steering Group and we look forward to working with him; his experience and wide perspectives will be invaluable in enabling the most productive engagement from all the representatives from all our creative sectors in this important initiative for copyright in the digital age.'
The Government has recently published “Minimum Standards for UK collecting societies”.
These Minimum Standards are intended to form the basis of collecting societies
individual codes of practice.
These can be found here: http://www.ipo.gov.uk/types/hargreaves.htm
The Minimum Standards have been developed in conjunction with collecting societies
(including ERA) and reflect earlier publication by the British Copyright Council of
“Principles for Collective Management Organisations’ Code of Conduct” developed
and endorsed by the British Copyright Council.
In consulting about proposals to publish its Minimum Standards, the Government recognised that
collecting societies had been working on development of voluntary codes of conduct
under the auspices of the British Copyright Council.
ERA took part in these discussions.
The BCC Principles can be found here :
Taking into account the BCC Principles and the now published Minimum Standards, ERA has now
prepared its own Code of Conduct.
The ERA Code of Conduct can be found here.
The Code of Conduct refers to Licence terms and other documents published on the ERA
website (which will be updated from time to time).
The Articles of Association of ERA can be found here.
The current Membership Agreement relevant to members of ERA can be found here.
In addition to changes previously noted for BBC Online and Channel 4 Video on Demand Services,
Educational establishments which hold ERA Licences may also wish to note that the following changes
have been announced:-
ITV – Video on Demand Services
Changes have been confirmed independently of the ERA Licence and are reliant upon the current
The relevant terms are available at:-
The current terms and conditions can be accessed here:-
The relevant provision is under section 7 – Creative Content and Intellectual Property rights:-
Can the content of the Services be copied?
You may not copy all or any part of any materials or content made available by ITV via the Services
except to the extent permitted in these Terms, or expressly by us, or at law.
If the Services are accessed by an authorised person for or on behalf of an educational establishment
for the non-commercial educational purposes of that educational establishment then,
provided that the educational establishment holds a current licence with the Educational Recording Agency (ERA); and
complies with these Terms, the non-commercial access to our Services permitted by these Terms will also apply to non-commercial educational use within the scope of the ERA licence held by that educational establishment.
Channel Five Video on Demand Services
Changes have been confirmed independently of the ERA Licence and are reliant upon the current
The relevant terms are available at:-
The current terms and conditions can be accessed here:-
All Content made available on the DEMAND 5 service is owned by Channel 5 and/or its licensors and is protected under copyright law.
You agree and acknowledge that you shall not acquire any rights of ownership by downloading any Content and that
you will only use Content for your own personal non-commercial purposes during the Licence Period.
You may not copy reproduce lend hire public perform broadcast or otherwise distribute or exploit the Content except as specifically authorised hereunder and during the Licence Period. The use of RSS feeds from the DEMAND 5 service must be for non-commercial purposes only.
Notwithstanding the above, if the Content is accessed by an authorised person for or on behalf of an educational establishment for the non-commercial educational purposes of that educational establishment then, provided that the educational establishment holds a current licence with the Educational Recording Agency (ERA) and complies with these terms and conditions, the non-commercial access to Channel 5’s Content permitted by these terms and conditions will also apply to non-commercial educational use within the scope of the ERA licence held by that educational establishment.
The above changes reinforce how broadcasters are increasingly making independent arrangements for the terms and conditions relevant to access and use of their online services to be changed to recognise that educational establishments holding a current ERA Licence will be specifically accepted by the operator of the service as being entitled to access and use the service as specified.
Further to the news item of 7 August 2012, ERA has met with representatives of Universities UK and
with representatives of the Association of Colleges, Colleges Scotland and will meet with Colleges Wales.
As a result of feedback from these meetings some minor clarifications have been made to the
wording used to describe Educational Establishments of Further Education and Higher Education.
The minor additional changes can be seen in clause 17 of the proposed Licence alongside the
other changes previously announced here.
The Intellectual Property Office is aware of the latest wording and will use this for the
purposes of taking forward recertification of the ERA Licensing Scheme.
The Explanatory Notes reflecting the updates can be accessed here.
ERA has started discussions with the Intellectual Property Office to update the ERA Licensing Scheme to reflect a number of recent developments.
It is proposed that the changes will take effect for new licences effective from 1 April 2013.
The changes proposed to the wording of the Licence can be found here
Explanatory notes explaining background to the proposed changes can be found here
Meetings with representatives for educational establishments to go through the detail of the changes will take place over the next few weeks.
The changes have been discussed in earlier meetings or notified in news items on the ERA website.
Questions about the proposed changes not covered by the Explanatory notes should be sent to email@example.com
The results of the final report for the Feasibility Study into the Digital Copyright Exchange (DCE) have been published today and can be found here http://www.ipo.gov.uk/dce-report-phase2.pdf
The press notice and other comments, and the report can also be accessed here:
ERA has welcomed preparation of the report and has participated fully in the feasibility study process.
It has given ERA an opportunity to explain to policy makers and interested parties how ERA has expanded the repertoire covered by ERA licences, and how we have expanded the scope of what educational establishments can do under the ERA licences, through developing links with a number of online services.
The Study makes reference to other initiatives we are developing at ERA.
Further information about these will be published shortly.
This comes at an exciting time for ERA. Preparation of the Study has coincided with ERA's response to the Government's Consultation on Copyright and options for change to the application of exceptions and limitations to copyright relevant to ERA and its licensing activities. Some of these have already been anticipated through the roll out of the ERA Plus Licence.
In welcoming the publication, John Robinson, Chair of the ERA Board said:-
“We shall continue to work with our members and with the users of the rich resources available to them under ERA licences to make sure that we continue to support and enhance access and use, in effective and cost effective ways, of the wealth of audio and audio visual materials for non-commercial educational use.
We welcome the Study and the way it shows the importance of this work, and why we should continue to move forward with it”.
ERA is pleased to announce that Radio Independents Group has become a new member of ERA.
The Radio Independents Group is recognised by Government as the body that represents the
Independent radio production companies in the UK and by the BBC as the negotiating body for
Terms of Trade for supplying their radio networks.
More information about RIG can be found at www.radioindies.org
As a result of RIG membership of ERA rights in programming recorded or accessed
under ERA and ERA Plus Licences and covered by licences issued by ERA has once again been widened to provide
for an even more comprehensive repertoire. In particular sound recordings and copyright audio works
in radio programmes owned by RIG members will be covered by ERA licences.
Formal application for revision to the Statutory Instruments under which the ERA Licence
Scheme is certified under copyright legislation will now follow.
Educational establishments holding ERA Licences will benefit from the extended ERA Membership
with immediate effect.
The Alliance Against IP Theft is a UK based coalition of trade associations and enforcement organisations
with an interest in ensuring that copyright and other intellectual property rights receive the protection
that they need and deserve.
ERA works to promote the educational value of copyright material for the purposes of
teaching and learning.
It is hoped that ERA’s membership will ensure that the work of ERA, and the roll
out of new copyright licensing opportunities linked to educational use, will be properly taken into account within
the wider membership and the work of the Alliance.
For further information about the Alliance and its work please visit
ERA licences cover use of the copyright works owned by ERA members.
Formal links with ERA have now been established with Discovery Communications Europe Limited, NGC Europe Limited and AETN UK.
These broadcasters are represented within ERA by Compact Collections Limited.
Find out more about Compact Collections Limited and the rights that it represents here.
Previously the ERA Licence applied to educational recordings made from UK broadcasts on these channels
(even though the broadcaster itself was not an ERA member) but only for works and performances included
in the broadcast owned by ERA members (for example music within the repertoire of PRS).
From now on the copyright in broadcasts on these channels is covered by the scope of both the main ERA Licence and the ERA Plus Licence.
FOCAL International Limited has become a member of ERA.
FOCAL membership of ERA means that film and video clips and stills represented by FOCAL when included in broadcasts which are recorded and used under an ERA Licence or an ERA Plus Licence are now works expressly licensed within the
More about FOCAL and the works it represents can be found here.
The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) (Amendment) Order 2011will come into force on 1 April 2011.
Statutory Instrument 2001 No 159 can be accessed by clicking the following link
The new Order recognises that Compact Collections Limited and FOCAL are now members of ERA and that the works covered by ERA licences now include the wider repertoire of rights.
To recognise the wider range of rights now relevant to the ERA Licence the annual tariff for licence issued by ERA from 1 April 2011 will be increased by 1p per full time or full time equivalent student in Secondary Schools and Educational Establishments
of Further Education and Higher Education. The Primary School tariff will remain unchanged.
The relevant annual tariffs from 1 April 2011 will be
For the full Scheme please download the ERA Appendix.
Formal links with ERA have now been established with Discovery Communications Europe Limited, NGC Europe Limited and AETN UK.
These broadcasters are represented within ERA by Compact Collections Limited. In addition FOCAL (representing many film clips and stills) are now members of ERA.
To recognise the wider range of rights now relevant to the ERA Plus Licence the annual tariff for licence issued by ERA from 1 April 2011 will be increased by 1p per full time or full time equivalent student in Secondary Schools and Educational Establishments of Further Education. The Primary School and HE tariffs will remain unchanged.
The relevant annual tariffs from 1 April 2011 will be
|Students in Primary Schools||16p|
|Students in Secondary Schools||29p|
|Students at FE level||54p|
|Students at HE level||84p|
For the full Scheme please download the ERA Plus Appendix.
How to implement online services based on the ERA Plus Licence
Thursday 9 September 2010
10.30am - 3.30pm
BAFTA, 195 Picadilly
Free to attend - Places are limited booking is ESSENTIAL
Please visit the BUFVC website to book: www.bufvc.ac.uk/eraplus
For further information please download the leaflet
Download a booking form
The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) (Amendment) Order 2009 - Statutory Instrument 2009 No. 20 will now come into force on 1st April 2009.
This confirms that the annual tariff for licences issued by ERA from 1st April 2009 will be calculated on a full-time or full-time equivalent per head basis by category of student in an Educational Establishment:
Students in Educational Establishments not listed above specified from time to time by the Secretary of State under s 174 of the Act.
Discounted rates may be negotiated at ERA’s discretion to cover Groups of Educational Establishments.
S.I. 2009 No. 20 can be accessed in full by clicking on the following link http://www.opsi.gov.uk/si/si2009/pdf/uksi_20090020_en.pdf
In 2006 The Gowers Review of Intellectual Property recommended possible changes to the scope of s35 Copyright, Designs and Patents Act 1988.These changes might have resulted in ERA being able to offer both the main ERA Licence and the ERA Plus Licence linked directly to a revised section 35.
Following delays in the consultation process, it is now clear that no changes to the scope of section 35 will be implemented before 1 April 2009 . (Most annual licences for schools start on 1 April).
As a result ERA has applied for recertification of the current scheme to cover an RPI adjustment to tariffs from 1 April 2009. Similar adjustments will be made to tariffs relevant to the ERA Plus Licence Scheme.
Promoting a better understanding of what is, and what is not permitted under ERA Licences is central to the work of ERA.
However, with increasing use of online technologies to help make licensed ERA recordings available for educational use, ERA is aware that some recordings of broadcasts may be being used in ways that do not fall within the scope of the ERA licence.
Unauthorised use may arise when individuals or companies who are not licensed educational establishments store or make available to others copies of recordings of broadcasts.
ERA has therefore joined with FACT to help promote a better understanding of the scope of the ERA and the new ERA Plus Licence.
Inspections for licence compliance have always been a part of ERA licence requirements. These now need to be developed to reflect increasing use of servers to house libraries of off-air recordings and the way in which these are made available for educational use.
FACT representatives may therefore contact ERA licensees and check licence compliance in a similar way to visits that are made by ERA's Field Liaison officers.
For further information about FACT and its work please visit www.fact-uk.org.uk
The admission of AGICOA and Directors UK Limited (formerly known as DPRS) as ERA members was formally recognised from 1 April 2008 in The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) (Revocation and Amendment) Order 2008.
A copy of the Order (S.I 2008 No 211) can be found at www.opsi.gov.uk
The effect is to confirm a further extension of the rights represented by ERA for the purposes of its Licences.
The new Order now lists all the ERA members in a new clause which replaces clause 8 of the Schedule to the 2007 Order (S.I 2007 No.266).
Other than this, the terms of the 2007 Order remain in force. The 2007 Order set out the tariffs which apply to ERA Licences issued after 1 April 2008.
Finally the 2008 Order revoked the Statutory Instrument linked to the ERA licence scheme that was put in place back in 2005 (S.I. 2005 No 222). The 2005 Order was relevant to ERA Licences issued up to 31 March 2007 and has therefore been superseded by the 2007 and 2008 Orders.
ERA continues to work to ensure the rights that it represents enable ERA Licences (and the recently launched ERA Plus Licence) to cover the widest possible repertoire for the benefit of licensees.
To reflect this, two new representative rights bodies have joined ERA as members with effect from 1 July 2007.
The two new members are :
All the other ERA members have agreed to admit the new members from 1 July 2007 so that ERA licensees who choose to take out an ERA Plus Licence will benefit from ERA’s increased repertoire with effect from this date.
However, it will take a little time before the Statutory Instrument under which the main ERA licence scheme currently operates, is updated to include details of the new members.
The current Statutory Instrument is SI 2007 No 266 - The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) Order 2007.
An application has been made for SI 2007 No 266 to be updated. This requests that clause 8 of the ERA Licence is changed to include the following additional details for Licensor Members of ERA :
“ASSOCIATION DE GESTON INTERNATIONALE COLLECTIVE DES OEUVRES AUDIOVISUELLES (“AGICOA ”) The films which are owned or controlled by persons represented by AGICOA and which are included in any broadcast from which an ERA Recording is made.
DIRECTORS’ & PRODUCERS’ RIGHTS SOCIETY (1992) LIMITED (“DPRS”) The copyright works which are owned or controlled by, or in which authorship is owned or controlled by, persons represented by DPRS and which are included in any broadcast from which an ERA Recording is made.”
The ERA Licence will be formally amended once the updated Statutory Instrument has been implemented.
Click here for more information on ERA Plus
ERA licences issued after 1 April 2007 reflect new tariffs set out in The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording of Broadcasts) (Educational Recording Agency Limited) Order 2007.
The full order can be obtained from HMSO quoting the reference Statutory Instruments 2007 No. 266.
For licences issued prior to 1 April 2007, the terms will continue to operate to the end of their 1 year term by cross reference to The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) Order 2005.
The 2005 Order can be obtained from HMSO quoting the reference Statutory Instruments 2005 No. 222.
DVD labels are now available to order. Contact ERA for more details.
The ERA Statistical Survey of Off-air Recording in Educational Establishments has now been completed. In its place, ERA is now conducting a much smaller scale snapshot survey of off-air recording. This will enable ERA to build up a more detailed picture of use of recorded broadcast material in individual establishments using both statistical and anecdotal information.
As members of the Schools Working Group of the Rights Industry Forum, ERA has produced, in conjunction with five other organisations (Performing Right Society, Copyright Licensing Agency, Phonographic Performance Limited, Christian Copyright Licensing (Europe) Ltd, Mechanical Copyright Protection Society and Music Publishers Association), a booklet giving guidance on copyright matters to schools in the UK.
This booklet has now been redesigned and contains updated information on many kinds of activities that may require a copyright licence. Copies of the leaflet have been mailed to the Headteacher and Chair of Governors of every school in England, Wales, Scotland and Northern Ireland. Further copies are available to ERA Licence holders. A portal website has been developed to support the leaflet and can be accessed at www.licensing-copyright.org.
Download a copy of the booklet
Since 1 August 2007 ERA has offered its licensees the opportunity to take out an additional licence which will enable licensed ERA Recordings to be accessed by students and teachers online...