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Covid-19 update: Box of Broadcasts and the ERA licence

Hazel M Ingrey9 June 2020

UCL’s ERA (Educational Recording Agency) licence enables recording of broadcast TV and radio for educational purposes: programmes are delivered through the searchable database BoB (Box of Broadcasts).  For more about the ERA licence and BoB, and how they can be used to support teaching, see this previous blog post on ‘TV and radio in teaching‘.

 

The ERA licence has a regional restriction and programmes can only be viewed from within the UK.  At the outset of the Covid-19 pandemic the ERA negotiated with their rights holders to extend this where possible for UK students who have had to return to their home countries.

  • Since March, UK students who have returned home to any EU Member State have been able to access BoB.
  • Recently an additional extension was granted to UK students who have returned home overseas, for BBC News 24 content only.  BBC News 24 contains rolling news stories, documentaries and programmes such as Panorama and Our World.
  • Both these extensions are due to end on 31st July 2020.  The ERA recognise that universities would like this extended further, and are in talks with rights holders to extend this beyond July.

How does this work in practice for UCL students?  BoB has used technical measures to relax GEOIP restrictions so that wherever a UCL student is (in the UK, EU or beyond that) they will be able to search and view the whole of the BoB database, but only play back items that they are permitted to view.

Rights clearance for broadcast TV is very complex, with even BBC programmes containing third party content which needs to be individually cleared.  The ERA continue to negotiate for more of the archive to be available abroad and will make it available through BoB as it becomes possible.

If you have any particular requests of material for programmes you teach on please email us and we will collect requests and suggestions to pass on to the ERA.  Please note that the extension into the EU has been made possible by the EU portability directive, however this directive will cease to be available to the UK after the end of 2020 when the UK leaves the EU.

 

If you have questions about the ERA licence and its use, it is administered by UCL Library Services and you can contact us using the UCL Copyright email address.

 

Further reading: statements from the ERA

The full statement from ERA and Learning on Screen: ‘BoB goes Global’.

Learning on Screen: support during Coronavirus.

 

DSM Copyright Directive will not be implemented in the UK

ucylcjh24 January 2020

The Minister responsible for intellectual Property, Chris Skidmore has stated very clearly that the UK Government has no intention of implementing the EU Copyright in the Digital Single Market Directive. The deadline for member states to transpose the Directive into their own laws is June 2021 by which time the UK will almost certainly have left the EU, so perhaps this should not come as a surprise, given that it may be politically difficult to be seen to be voluntarily implementing an EU measure in the circumstances.

Some of the new exceptions contained within the DSM Directive look very positive for the library and research communities, particularly the measures which provide a practical route for the digitisation and making available of “0ut-of-commerce works” on a large scale,while respecting the copyright in those works. So it is an interesting question whether the favourable measures from the Directive could also be implemented separately in the UK, outside of the framework of the EU Directive. Naturally even if that does prove possible, the UK will still lose out  on the advantages which will spring from the fact that some of the exceptions work across borders between member states.

New Copyright Exceptions: breaking news

ucylcjh9 May 2014

The Statutory Instruments to implement the updated copyright exceptions are experiencing mixed fortunes in Parliament. According to a statement from Lord Younger issued yesterday , three of the five are to be discussed by Parliament during the coming week and subject to Parliamentary approval they are on course to become law on 1st June. These include the exceptions for copying into accessible formats for people with disabilities and all the exceptions relating directly to Education, Research and Libraries and Archives.

On the other hand, two of the Statutory Instruments have been held up because the Joint Committee on Statutory Instruments has further questions.  This delays the proposed new exception for Parody and Caricature including the Quotations exception (described here in a recent blog post) because it is included inthe same SI.

The new exception for private copying which is contained in a separate SI has also been held up by the Committee. The latter essentially covers copying to shift format for purely personal use, such as copying music from a CD you have purchased into an MP3 file for convenience.

While the private copying exception has little impact on our work at UCL, the new exceptions for Quotation and for Parody are potentially quite significant and quite helpful. We hope that this is just a delay which may push the timing back beyond 1st June rather than a rejection of this SI.

Fingers crossed!   

 

New Quotations Exception Due 1st June 2014

ucylcjh1 May 2014

The proposed exception for quotation (New CDPA Section 30) will replace the existing “criticism and review” exception and is much broader. It covers quotation for any purpose, subject to the fair dealing test. The existing exception can only be relied upon when quoting for the purpose of criticism or review of either the work quoted or another work. The replacement is also broader in the sense that it covers unpublished works as long as they have been “made available to the public” (in an archive for example). This will be a positive change in area of historical research.

The exception covers all copyright works, including film and sound recordings, so it will widen the scope for including extracts from those media. It should be easier to include brief extracts in academic works, reducing the occasions where permission is required. Can one ever rely upon the exception to reproduce the whole of a work, for example a photograph, where merely reproducing a proportion makes little sense? This remains doubtful and would be a matter of applying the fair dealing test. Are we quoting more than is reasonable for our purpose? What is the potential for damaging the interests of the copyright owner?  Caution will still be required. As with some other proposed exceptions, this cannot be over-ridden by contract terms.

Did you know that 26th April is World Intellectual Property Day ? To be honest neither did I but it is certainly worth celebrating!

Help is at hand for neglected “Orphan Works”

ucylcjh25 April 2014

What are “Orphan Works”? An example: We own an archive of personal correspondence bequeathed by an individual. An author wishes to quote from the letters in a biography. The letters by the person are still in copyright (we know the date of death), but who inherited the copyright? Was it left to our archive along with the documents? Letters to our subject from others pose further problems: Copyright is defined by reference to the life span of each correspondent and it could belong to a range of people.
These are orphan works: Likely to be in copyright, but the owners either cannot be identified or if identified cannot be found. The danger in re-using orphan works is that a copyright owner will appear who objects, with the possibility of legal action.
Help will be at hand come Autumn 2014 with the implementation of the EU Orphan Works Directive, Directive 2012/28/EU. This will provide a route for cultural organisations to legitimise re-use of orphan works (excluding stand-alone images such as photographs) on web sites by:
Registration with the Office for Harmonisation in the Internal Market.
Recording on the OHIM database the results of our “diligent search” along with any information on rights owners we have discovered.
A re-emergent copyright owner will be entitled to “fair compensation” from us. The Directive is intended to cover digitisation for web sites, not broadcasting or distribution. No help to our author but it will assist non-commercial projects to make orphan works available on the web.

Enhanced Disability Exception to Copyright

ucylcjh10 April 2014

This is one of the more exciting changes included in the updating of exceptions to copyright, which have been proposed by the Government. If all goes to plan it should come into force on 1st June 2014, along with the other changes.  The existing exception (which stands to be replaced) permits the making of accessible copies solely for persons with visual impairments. This allows for example large print copies, conversion into braille and audio versions. Currently there is nothing to  permit copying into a format to assist people with any issues other than visual impairment, such as dyslexia.

The updated version, as published by the IPO, will allow us to make an accessible copy to give a person with any type of disability better access to copyright material. So that if a person with mobility issues would benefit from an accessible copy, we would be allowed to produce that copy for them.

The other major advantage of the new exception is that it now  covers all published copyright works, regardless of the format of the original work. If an accessible version of a film or a sound recording were required then we can now make it.  There are still some checks and record keeping which must be maintained when using the exception but there is little doubt it will be a big improvement. For further information email:  copyright@ucl.ac.uk

Chris Holland, Copyright Support Officer

Link to IPO site

 

Copyright Support

Hazel M Ingrey27 March 2014

Copyright support at UCL has just had a boost, with a new addition to our team: the new post of Copyright Support Officer has been taken up by Chris Holland.

Chris will be posting here about copyright news and highlighting frequently asked questions that have arisen at UCL.  Do send your copyright queries as usual to the copyright email address copyright@ucl.ac.uk