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ERA LICENSING SCHEDULE 2013

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THE EDUCATIONAL RECORDING AGENCY LIMITED Nature of the Licence

1.The Educational Recording Agency Limited (known as “ERA”) is authorised to operate a Licensing Scheme for the purposes of both section 35 of, and paragraph 6 of Schedule 2, to the Copyright, Designs and Patents Act 1988.

2.”The Act” refers to the Copyright, Designs and Patents Act 1988 or any relevant law amending, modifying or re-enacting it from time to time.

3.Set out below are the terms of the Licensing Scheme which ERA has been authorised to operate to the extent that the same has been certified for the purposes of both section 35 of the Act and paragraph 6 of Schedule 2 to the Act (“the Licensing Scheme”).

4.These terms shall form part of licences issued under the Licensing Scheme (“the Licence”).

5.The Licensing Scheme and Licences issued under it shall apply only to Relevant Rights when used for non-commercial educational purposes within or on behalf of an Educational Establishment. All licensees under the Licensing Scheme shall either be or represent an Educational Establishment (“Licensee”).

6.”Educational Establishment” shall mean any school and any other description of educational establishment defined by section 174 of the Act or as may be specified by order of the Secretary of State for the purposes of that section.

ERA Repertoire and Licensor Members

7. (1) The copyright works and rights in performances relevant to a Licence granted under the Licensing Scheme (“ERA Repertoire”) are the works and performances in respect of which and to the extent to which the Licensor Members of ERA (or persons represented by the Licensor Members) own or control Relevant Rights.

(2) “Relevant Rights” shall comprise the right:

(a) to cause or authorise the making of recordings of a broadcast and copies of such a recording and (only as a direct result of their inclusion in a broadcast) of copyright works and/or performances contained in the recorded broadcast by or on behalf of an Educational Establishment for the educational purposes of that Educational Establishment (“ERA Recordings”); and

(b) to authorise ERA Recordings to be communicated to the public by a person situated within the premises of an Educational Establishment but only to the extent that the communication cannot be received by any person situated outside the premises of that Educational Establishment.

In addition this Licence may be relevant to terms and conditions for online services that authorise defined rights of non-commercial educational access or use to educational establishments on the condition that they hold a current licence from ERA.

8. The Licensor Members of ERA and the works and performances forming part of ERA Repertoire in respect of which the Relevant Rights are owned or controlled by such Licensor Members will for the purposes of Licences issued under the Licensing Scheme comprise:

AUTHORS’ UCENSING AND COLLECTING SOCIETY LIMITED (“ALCS”)

Those literary and dramatic works which are owned by or controlled by persons represented by ALCS and which are included in any broadcast.

ASSOCIATION DE GESTION 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.

BBC WORLDWIDE LIMITED

The broadcasts of the British Broadcasting Corporation and all those copyright works owned or controlled by the British Broadcasting Corporation which are included in any broadcast.

BPI (BRITISH RECORDED MUSIC INDUSTRY) LIMITED (“BPI”)

Those sound recordings which are owned or controlled by persons represented by BPI and which are included in any broadcast from which an ERA Recording is made.

CHANNEL FOUR TELEVISION CORPORATION (“Channel 4”)

The broadcasts made on Channel 4, E4 and/or Film Pour and/or any other broadcast service operated by Channel 4 or any of its subsidiary companies and all those copyright works owned or controlled by Channel 4 or any of its subsidiary companies included in any broadcast.

CHANNEL 5 BROADCASTING LIMITED (“Channel 5”)

The broadcasts made on Five and/or any other broadcast service operated by Channel 5 or any of its subsidiary companies and all those copyright works owned or controlled by Channel 5 or any of its subsidiary companies included in any broadcast.

COMPACT COLLECTIONS LIMITED (“Compact”) acting as agent for

(a) DISCOVERY COMMUNICATIONS EUROPE LIMITED concerning the broadcasts made on the broadcast services operated by Discovery Communications Europe Limited including Discovery Science and all those copyright works owned or controlled by Discovery Communications Europe Limited or any of its subsidiary or associated companies included in any broadcast;

(b) NGC Europe Limited concerning the broadcasts made on the broadcast services operated by NGC Europe Limited including National Geographic Channel, National Geographic Channel HD, Wild UK, Nat Geo Wild (Europe) and Wild HD and all those copyright works owned or controlled by NGC Europe Limited or any of its subsidiary or associated companies included in any broadcast; and

(c) AETN UK concerning the broadcasts of AETN UK or any of its subsidiary companies and all those copyright works owned or controlled by AETN UK or any of its subsidiary companies which are included in any broadcast.

DESIGN AND ARTISTS COPYRIGHT SOCIETY LIMITED (“DACS”)

Those artistic works (as defined in the Act) in which the copyright is owned or controlled by the members of DACS or the members of copyright societies represented by DACS and which are included in any broadcast.

DIRECTORS UK LIMITED (“DUKL”)

The copyright works which are owned or controlled by, or in which authorship is owned or controlled by, persons represented by DUKL and which are included in any broadcast from which an ERA Recording is made.

EQUITY

The performances by persons represented by Equity which are included in any broadcast.

FOCAL INTERNATIONAL LIMITED (The Federation of Commercial Audio Visual Libraries) (“FOCAL”)

The film and videotape clips and stills which are owned or controlled by persons represented by FOCAL or its subsidiary or associated companies and which are included in any broadcast from which an ERA Recording is made.

THE INCORPORATED SOCIETY OF MUSICIANS (“ISM”)

The literary and musical works which are owned by or controlled by persons represented by ISM and the performances by persons who are represented by ISM which are included in any broadcast.

ITV NETWORK LIMITED (“ITV Network”)

The broadcasts made on the channel branded as ITV 1 in England and Wales, as the STV regions (formerly known as Grampian TV and Scottish TV) in Scotland, as Ulster in Northern Ireland, and as Channel TV in the Channel Islands, on ITV 2, on ITV 3, on the ITV News Channel and/or any other broadcast service operated by ITV Network Limited or any of its associated or subsidiary companies and all those copyright works owned or controlled by ITV Network Limited or any of its subsidiary or associated companies included in any broadcast.

MECHANICAL COPYRIGHT PROTECTION SOCIETY LIMITED (“MCPS”)

Those musical works and sound recordings which are owned or controlled by members of MCPS and entrusted by its members to MCPS and which are included in any broadcast from which an ERA Recording is made.

MUSICIANS’ UNION (“the MU”)

The performances by persons represented by the MU which are included in any broadcast.

THE PERFORMING RIGHT SOCIETY LIMITED (“PRS”)

The musical works which are owned or controlled by the PRS or by persons represented by the PRS and which are included in any broadcast from which an ERA Recording has been made.

PHONOGRAPHIC PERFORMANCE LIMITED (“PPL”)

Those sound recordings which are owned or represented by PPL and which are included in any broadcast from which an ERA Recording is made.

RADIO INDEPENDENTS GROUP (“RIG”)

The sound recordings and any other copyright audio works owned or controlled by members of RIG and entrusted by its members to RIG and which are included in any broadcast from which an ERA Recording is made.

SIANEL PEDWAR CYMRU (“S4C”)

The broadcasts made on S4C, S4C Digital and/or S4C2 and/or any other broadcast service operated by S4C or any of its subsidiary companies and all those copyright works owned or controlled by S4C or any of its subsidiary companies included in any broadcast.

For the above purposes “broadcast” shall have the meaning provided by section 6 of the Act.

However, Licences under the Licensing Scheme shall not authorise the recording or use of Open University programmes. If the Licensee is in any doubt as to whether a Licence covers a particular right or a particular copyright work the Licensee shall be entitled to contact ERA who shall be obliged within a reasonable time (by one of the Licensor Members) to confirm whether or not a particular right is owned or controlled by one of the Licensors.

9. No recording or copying of a broadcast under any Licence shall be made except by or on behalf of an Educational

Establishment and any such recording or copying shall be made either:

(a) on the premises of the Educational Establishment by or under the direct supervision of a teacher or employee of the Licensee; or

(b) at the residence of a teacher employed by the Licensee by that teacher; or

(c) at the premises of a third party authorised by the Licensee to make recordings or copies on behalf of the Licensee under written contractual terms and conditions which prevent the retention or use of any recordings or copies by that third party or any other third party unless ERA shall have expressly agreed that a specific third party may retain any recordings or copies for subsequent use only by authorised Licensees of ERA in accordance with the provisions of the Licensing Scheme.

 Maintaining Records

10. Licensees shall be required to ensure that all ERA Recordings or copies comprising ERA Recordings made under a Licence provide for sufficient acknowledgement of the service from which the ERA Recording was acquired to be given; with each ERA Recording being marked with the name of the source, the date upon which the recording was secured by or for the Educational Establishment and the title of the recording.

To provide sufficient acknowledgement all copies shall be marked with a statement in clear and bold lettering reading:

“This recording is to be used only for non-commercial educational purposes under the terms of the ERA Licence” or such other wording or statement as ERA shall reasonably require from time to time.

Physical copies shall include the statement on the exterior of the copy, and/or its packaging.

When under the Licence copies are made and stored in digital form for access through a computer server, the statement shall also be included as a written opening credit or webpage which must be viewed or listened to before access to the ERA Recording is permitted.

11. Licensees may be required to record and maintain at the request of ERA details of how ERA Recordings are acquired or accessed and the number of copies of such recordings made under a Licence and to make available to ERA such records for inspection.

12. Licensees shall undertake that if and when any ERA Recordings are communicated to the public by a person situated within the premises of an Educational Establishment under the Licence suitable password, and other digital rights management or technological protection systems are operated and applied by the Licensee, to ensure that such communication is not received or receivable by persons situated outside the premises of the licensed Educational Establishment.

13.Licensees may be required to maintain further records and answer questionnaires or surveys as ERA may reasonably require for the proper operation of the Licensing Scheme and any agreements with third parties relevant to clause 9 (c).

14.ERA shall be entitled to inspect and Licensees shall provide for ERA to have access to all records that Licensees and licensed Educational Establishments are required to maintain under the above provisions, and further to have access to all ERA Recordings however stored under the terms of a Licence, in order to inspect the same to check compliance with the Licence.

Period of Licence and Fees

15.Licences shall be granted in consideration of payment of the agreed Licence Fees and may be granted for such period or periods as may from time to time be specified by or agreed with ERA.

16. The Licence Fee shall be calculated by reference to the period for which the Licence is granted and to the tariff applicable in respect of that period.

17.(a) The annual tariff for students in Educational Establishments relevant to this clause 17 (a) shall apply for each student.

For Licences taking effect on or after 1st April 2013 the annual tariff shall be:

Students in Primary schools (including Educational Establishments known as Preparatory schools) 33p per head

Students in Secondary schools undertaking Secondary education 59p per head

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 59p per head

Discounted rates may be negotiated at ERA’s discretion to cover groups of Educational Establishments relevant to this clause.

Period of Licence and Fees continued

17. (b) The annual tariff for students relevant to the clause 17 (b) shall be calculated on a full-time or full-time equivalent basis by category of student in an Educational Establishment.

For Licences taking effect on or after 1st April 2013 the annual tariff shall be:

Students who have attained the age of 18 at the start of the educational year in Educational Establishments of Further Education undertaking courses of further education. £1.11p

Students in Educational Establishments of Higher Education and Students of other Educational Establishments who have attained the age of 18 at the start of the educational year when undertaking courses of Higher Education £1.75p

Students in Educational Establishments not relevant to clause 17(a) or otherwise under this clause 17(b) but specified from time to time by the Secretary of State under s 174 of the Act £1.75p

Discounted rates may be negotiated at ERA’s discretion to cover groups of Educational Establishments relevant to this clause.

18. Licence Fees for Licences running for a period of less than one year shall be calculated on a pro-rata basis against the applicable annual tariff.

19. Licensees shall pay agreed Licence Fees together with any VAT and any other Government tax which may be applicable from time to time in addition to such Licence Fees on such a date or dates as may from time to time be required by ERA in the Licence and within 28 days of invoice.

Termination

20. ERA shall be entitled to terminate Licences granted:

(a) if Licence Fees are not paid when due; or

(b) for any other substantial breach of the conditions of the Licence,

provided that ERA shall have given to the Licensee written notice identifying the nature of late payment or the nature of the breach.

The termination will become effective twenty eight days after receipt of the written notice unless during the relevant period of twenty eight days the Licensee makes payment of outstanding fees or remedies the breach.

21. Licences will automatically terminate:

(a) if and when an administrator, receiver, administrative receiver or other encumbrancer takes possession of, or is appointed over, the whole or any substantial part of the assets of a Licensee;

(b) if the Licensee enters into an arrangement or composition with or for the benefit of its creditors (including any voluntary arrangement under the Insolvency Act 1986);

(c) if a petition is presented for the purpose of considering a resolution for the making of an administration order, the winding-up or dissolution of the Licensee.

22. If punctual payment of agreed Licence Fees is not made, ERA shall be entitled to charge interest on amounts unpaid at the rate of statutory interest prescribed under section 6 of the Late Payment of Commercial Debts (Interest) Act 1998.

23. Upon expiry of a Licence without renewal or when a Licence is terminated by ERA it shall be entitled to require a Licensee to delete all ERA Recordings or copies made by the Educational Establishment to which the Licence related.

24. If a Licensee is in breach of the terms of a Licence and ERA incurs costs and expenses either in monitoring and discovering any breach of the terms of a Licence or in enforcing the conditions of any Licence, the Licensee shall be required to indemnify ERA in respect of any such costs and expenses so incurred.

25. Licensees shall be required to take all reasonable steps to ensure that rights granted by a Licence are not exceeded or abused by teachers, employees, pupils or other persons.

26.Licences issued shall be governed and interpreted in accordance with the laws of England and Wales.

April 2013

For easy access to our most recent versions of the scheme, we have included the following links:

 

ERA Scheme 2014
ERA Plus Licensing Scheme 2013
ERA Scheme 2011
ERA Plus Licensing Scheme 2011
ERA Licensing Scheme 2009
ERA Plus Licensing 2009