The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University) Order 2003

OBLIGATIONS OF THE LICENSEE

4.  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:

(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 Institution, 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.

(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.