The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University Educational Enterprises Limited) Order 1993

• Citation: S.I. 1993/2755
• Sections: 17

Section 1

This Order may be cited as the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University Educational Enterprises Limited) Order 1993 and shall come into force on 1st January 1994.

Section 2

The licensing scheme set out in the Schedule to this Order is certified for the purposes of section 35 of the Act (recording by educational establishments of broadcasts or cable programmes).

Section 3

The certification under article 2 above shall for the purposes of section 35 of the Act come into operation on 1st January 1994.

Section 4

The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University Educational Enterprises Limited) Order 1990 is hereby revoked.

Section 1 GRANT

The School or the Educational Establishment (hereinafter referred to as “the Licensee”) shall warrant that it is a School or Educational Establishment, as the case may be, and Open University Educational Enterprises Limited shall grant to the Licensee on the terms set out below a non-exclusive Licence to Record off air Designated Programmes for Educational Purposes.

Section 2 TERM

The Licence shall continue from the date of issue for a period of twelve months and shall be automatically renewed for further periods of twelve months unless or until terminated in accordance with Clause 6, or by either side giving to the other not less than one calendar month’s notice in writing, in the case of Educational Establishments, to expire on the date of the anniversary of any twelve month period.

Section 3 WARRANTIES AND OBLIGATIONS OF OPEN UNIVERSITY EDUCATIONAL ENTERPRISES LIMITED

Warranties

(1) Open University Educational Enterprises Limited warrants that it is duly appointed by the relevant copyright owners and/or broadcasting organisations to act as Licensor on their behalf and it has full power and authority to grant the rights set out herein.

Obligations

(2) Open University Educational Enterprises Limited shall publish a broadcast schedule annually.

Section 4 OBLIGATIONS OF THE LICENSEE

The Licensee shall:

(1) ensure that all Recording off air is made by a lecturer, instructor, teacher or other suitably qualified person appointed for the purpose by the Licensee;

(2) ensure that recordings of the Designated Programmes are not edited, cut or amended in any way without prior written permission of Open University Educational Enterprises Limited and are not shown or disclosed or passed into the possession of any third party and are not removed from the direct control of the Licensee;

(3) ensure that the recorded Designated Programmes are used for Educational Purposes only and the Licensee shall not itself or through its employees or agents, sell, lend, hire or otherwise use or dispose of recordings of Designated Programmes other than in accordance with the terms of the Licence and shall prevent any third party from duplicating, selling, lending, hiring or otherwise using or disposing of recordings of the Designated Programmes;

(4) where the Licensee is an Educational Establishment, make up, retain and keep made up such detailed and accurate records as may be required by Open University Educational Enterprises Limited of the Designated Programmes recorded and in particular shall complete the log sheets provided by or approved in writing by Open University Educational Enterprises Limited;

(5) affix to each recording in a prominent place and shall not obscure, remove, alter or deface a label which shall include the title of the Designated Programme and the date upon which it was recorded;

(6) where the Licensee is an Educational Establishment, return to Open University Educational Enterprises Limited all duly completed log sheets on dates specified by Open University Educational Enterprises Limited to a maximum number of three times in each twelve month licence period and on termination of the Licence;

(7) subject to paragraph (8) below, erase any and all recordings of the Designated Programmes in existence at the expiration of the licence period or upon termination of the Licence whichever shall be the sooner and shall supply to Open University Educational Enterprises Limited a certificate of erasure within 28 days of such expiration or termination;

(8) if the licence period is automatically continued without interruption for a further period of twelve months pursuant to Clause 2 the Licensee may at its option and subject to paragraph (7) retain recordings of Designated Programmes:

(a) where the Licensee is a School, for the following twelve month period and subject always to the proper Licence fee therefor being paid;

(b) where the Licensee is an Educational Establishment, provided such programmes remain entered into the log for the following twelve month period and subject always to the proper recording fees therefor being paid.

Section 5 CONSIDERATION

In consideration for the Licence:

(1) where the Licensee is a School,

(a) the Licensee shall pay Open University Educational Enterprises Limited (inclusive of VAT ) the fee set out in Appendix A;

(b) Licence Fees payable under paragraph (1)(a) shall be paid within thirty days of the date of the invoice whenever sent to the Licensee by Open University Educational Enterprises Limited;

(2) where the Licensee is an Educational Establishment,

(a) the Licensee shall pay Open University Educational Enterprises Limited (inclusive of VAT) the fees set out in Appendix B;

(b) fees payable under paragraph (2)(a) shall be calculated by Open University Educational Enterprises Limited annually and shall be paid within thirty days of the date of the invoice whenever sent to the Licensee by Open University Educational Enterprises Limited;

(c) the Licensee shall permit its records and accounts to be examined upon reasonable notice in writing from Open University Educational Enterprises Limited by Open University Educational Enterprises Limited’s properly appointed representative at Open University Educational Enterprises Limited’s expense to verify the records and payments for which provision is made in the Licence.

Section 6 TERMINATION

Open University Educational Enterprises Limited shall at its option be entitled by notice in writing to the Licensee to terminate the Licence forthwith in any of the following events that is to say if the Licensee shall:

(1) fail to promptly account and make payments thereunder or shall fail to perform any other obligation required of it thereunder and the Licensee shall not have cured or remedied such failure within 14 (fourteen) days of a request from Open University Educational Enterprises Limited (time being of the essence);

(2) adopt a resolution for its winding up (otherwise than for the purpose of and followed by an amalgamation or reconstruction) or if a petition is presented for the appointment of an administrator or if a receiver or an adminstrative receiver is appointed in respect of, or an encumbrancer takes possession of, the whole or any part of its undertaking or assets or if the Licensee is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;

(3) cease to carry on the business or function as a School or an Educational Establishment, as the case may be.

Section 7 ALTERATIONS TO AGREEMENT

Any alteration or variation to the Licence shall not be valid or enforceable unless recorded in writing and signed by an authorised signatory of each party.

Section 8 ASSIGNMENT

The Licence is specific to the Licensee and the Licensee shall not assign the benefits or the obligations of the Licence.

Section 9 EXPENSES

Save as otherwise expressed all expenses of and incidental to the fulfilment of the Licence shall be borne by the party incurring such expense.

Section 10 FORCE MAJEURE

Neither party to the Licence shall be liable in any way for any delays or failure to perform its obligations thereunder resulting from any cause beyond its reasonable control.

Section 11 NOTICE

Any notice or other communication required to be given (whether required to be given in writing or otherwise) shall be given by post, cable, telex or facsimile copy addressed to the party to receive such notice at its address for service being its address contained in the Licence or such other address as shall have been notified to the other for the purpose of the Licence.Any notice given by post shall be deemed to have been served at the expiration of three days after it is posted.Any notice given by cable, telex or facsimile copy shall be deemed to have been served (at the sender’s address for service) on the date on which it was despatched.

Section 12 INDEMNITY

The Licensee will indemnify and at all times keep Open University Educational Enterprises Limited fully indemnified against all actions, proceedings, claims, costs and damages whatsoever made against or incurred by Open University Educational Enterprises Limited in consequence of any breach or non-performance by the Licensee, its employees or agents of any of the covenants contained in the Licence.

Section 13 LAW OF ENGLAND

The law of England shall govern the Licence.