Made | 30th January 2003 | ||
Coming into force | 1st April 2003 |
The Open University Licensed Off Air Recording Scheme for Educational Establishments
Licences shall be issued in accordance with the terms set out below.
DEFINITIONS
In the Scheme and the Appendices the following expressions have the meanings set opposite them:
School: | Any school as defined in section 174 of the Act. |
Educational Institution: | Any educational establishment specified by order of the Secretary of State under section 174(1)(b) of the Act. |
Licence Fee: | The fee payable by Schools calculated in accordance with Open University Worldwide Limited's scale of fees set out in Appendix A for the use of Designated Programmes in accordance with the terms of the Licence for a period of up to twelve months from the date of the Licence as originally granted or renewed unless or until the Licence is terminated pursuant to Clauses 2 or 6 thereof. |
Programme Fee: | The fee payable by Educational Institutions calculated in accordance with Open University Worldwide Limited's scale of programme fees as set out in Appendix B for the use of a Designated Programme in accordance with the terms of the Licence for a period of up to twelve months from the date of its recording unless or until the Licence is terminated pursuant to Clauses 2 or 6 thereof. |
Designated Programmes: | The television programmes broadcast by the British Broadcasting Corporation or other broadcasting organisation(s) on behalf of the Open University. The expressions "recordings of the Designated Programmes" or "recorded Designated Programmes" includes Additional Copies. |
Record off air: | To record by the use of video tape, video compact disc or any available recording and/or playback device whether available now or invented in the future, a transmission by broadcast or diffusion of television programmes to be received by television or similar receiving device. |
Educational Purposes: | The showing of recordings of Designated Programmes exclusively in teaching, training or study as part of a formal or informal course of instruction undertaken or carried out by the Licensee for non profit making purposes and where no charge is made on any person for the purposes of viewing the Designated Programmes, including the loan of recordings to bona fide students for such purposes. |
Additional Copies: | Copies made by the Licensee of Designated Programmes recorded by it. |
Business Day: | Any day except Saturday, Sunday, a Bank Holiday, Christmas Day or Good Friday. |
Educational Establishment: | An educational establishment as defined in section 174 of the Act. |
(2) Obligations
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 including by digital manipulation without prior written permission of Open University Worldwide 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 Institution, make up, retain and keep made up such detailed and accurate records as may be required by Open University Worldwide Limited of the Designated Programmes recorded and in particular shall complete the log sheets provided by or approved in writing by Open University Worldwide 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 Institution, return to Open University Worldwide Limited all duly completed log sheets on dates specified by Open University Worldwide 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 Worldwide 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:
(9) in the event that the Licensee makes Additional Copies, report the making of such copies immediately to Open University Worldwide Limited. Upon receipt of such information from the Licensee, Open University Worldwide Limited will invoice the Licensee for the copies made and will maintain a record of the copies made.
5.
CONSIDERATION
In consideration for the Licence:
(1) where the Licensee is a School,
(2) where the Licensee is an Educational Institution,
NOTE
Discounted fees to cover groups of licensees may be negotiated at the discretion of Open University Worldwide Limited.
6.
TERMINATION
Open University Worldwide 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 promptly to account and make payments hereunder or fail to perform any other obligation required of it hereunder and the Licensee shall not have cured or remedied such failure within 14 (fourteen) days of a request from Open University Worldwide 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 administrative 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 Institution, as the case may be.
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.
8.
ASSIGNMENT
The Licence is specific to the Licensee and the Licensee shall not assign the benefits or the obligations of the Licence.
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.
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.
11.
SERVICE OF NOTICES
(1) Notices and other communications must be sent by first class post, fax or e-mail whether or not they are required to be in writing. They must be addressed to the recipient at the postal address, fax number or e-mail address specified in the Licence unless the parties have agreed an alternative address.
(2) Notice by post will be deemed served on the third Business Day after it was posted.
(3) Notice by fax or e-mail will only be deemed served if an automatic confirmation of correct sending is received by the sender. Then, if the notice is transmitted before 4 p.m. on a Business Day, it will be deemed served on that day, otherwise it will be deemed served on the next Business Day.
12.
INDEMNITY
The Licensee will indemnify and at all times keep Open University Worldwide Limited fully indemnified against all actions, proceedings, claims, costs and damages whatsoever made against or incurred by Open University Worldwide 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.
13.
LAW OF ENGLAND
The law of England shall govern the Licence.
CATEGORY 1A: Primary Schools | £28 per annum |
CATEGORY 1B: Secondary Schools | £78 per annum |
ADDITIONAL COPIES (CATEGORY 1A and CATEGORY 1B) | The Licence fees shown above include the recording of any Designated Programme and up to four (4) Additional Copies thereof. |
Where the Licensee makes more than four (4) Additional Copies, the fees charged will be: | ||
5-10 Additional Copies of any single Designated Programme | £30 for each Additional Copy | |
11-20 Additional Copies of any single Designated Programme | £20 for each Additional Copy | |
21-plus Additional Copies of any single Designated Programme | £10 for each Additional Copy |
Number of Recordings | Fee per Annum or Part thereof | Unit Cost per Additional Recording |
Under 5 | recordings will be charged at £19.36 per recording | |
5 | £96.80 | |
6-9 | £19.36 | |
10 | £155.25 | |
11-14 | £15.48 | |
15 | £212.55 | |
16-24 | £14.20 | |
25 | £322.65 | |
26-49 | £12.90 | |
50 | £594.75 | |
51-74 | £11.88 | |
75 | £865.75 | |
76-99 | £11.50 | |
100 | £1,128.50 | |
101-124 | £11.30 | |
125 | £1,355.40 | |
126-149 | £10.86 | |
150 | £1,552.50 | |
151-199 | £10.38 | |
200 | £1,934.60 | |
201-249 | £9.68 | |
250 | £2,328.70 | |
251-299 | £9.30 | |
300 | £2,651.10 | |
301-399 | £8.88 | |
400 | £3,290.00 | |
401-499 | £8.22 | |
500 | £3,869.20 | £7.15 |
ADDITIONAL COPIES | The Programme fees shown in 1. above include the recording of any Designated Programme and up to four (4) Additional Copies thereof. |
Where the Licensee makes more than four (4) Additional Copies, the fees charged will be: | |
5-10 Additional Copies of any single Designated Programme | £30 each |
11-20 Additional Copies of any single Designated Programme | £20 each |
21-plus Additional Copies of any single Designated Programme | £10 each |
[2] S.I. 1993/2755, as amended by S.I. 1996/190.back
© Crown copyright 2003 | Prepared 5 March 2003 |