On 21/03/2008, Richard Lockwood <[EMAIL PROTECTED]> wrote: > > > > > And of course there are places (such as libraries and schools) that > actually > > have the right to retain copies as long as they want, and the BBC is, > > perhaps illegally, preventing this! > > Just playing Devil's Advocaat for a moment, while schools and colleges > have the right to retain copies, is there any clause that says they > have the right to make those copies by hacking the iPlayer, or by any > other downloading method? Surely, provided they can still make those > copies by "conventional" means (PVR, VHS, DVD Recorder etc), the BBC > isn't doing anything illegal?
The argument is more subtle. If schools have a right to retain a programme obtained by the iPlayer, it is unlawful for the programme supplied by the BBC to delete the programme from a computer at the school, and for the DRM to deactivate the programme. If it were so, if the school used software that removed the DRM from the file, it could argue that it were forced to do so, as the DRM breached the school's right to retain copyright broadcasts. The Act specifically says that a tribunal should be "considering ... if any [charges] ... should be paid for a licence, [as] the *owners of copyright* ... in the broadcast or cable programme *have already received, or are entitled to receive, payment in respect of their inclusion*." The Copyrights and Patents Act says: "131 Licences for educational establishments in respect of works included in broadcasts or cable programmes (1) This section applies to references or applications under this Chapter relating to licences for the recording by or on behalf of educational establishments of broadcasts or cable programmes which include copyright works, or the making of copies of such recordings, for educational purposes. (2) The Copyright Tribunal shall, in considering what charges (if any) should be paid for a licence, have regard to the extent to which the owners of copyright in the works included in the broadcast or cable programme have already received, or are entitled to receive, payment in respect of their inclusion." 174 Meaning of "educational establishment" and related expressions (1) The expression "educational establishment" in a provision of this Part means— (a) any school ( "school"— in relation to England and Wales, has the same meaning as in the [1944 c. 31.] Education Act 1944), and (b) any other description of educational establishment specified for the purposes of this Part, or that provision, by order of the Secretary of State. Rich. > - > Sent via the backstage.bbc.co.uk discussion group. To unsubscribe, please > visit http://backstage.bbc.co.uk/archives/2005/01/mailing_list.html. > Unofficial > list archive: http://www.mail-archive.com/[email protected]/ > -- Please email me back if you need any more help. Brian Butterworth http://www.ukfree.tv
