On Fri, Mar 21, 2008 at 11:43 AM, Brian Butterworth <[EMAIL PROTECTED]> wrote: > > > > > 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. >
But the schools don't have a specific right to "retain a programme obtained by the iPlayer" - they have a right to retain a copy of the programme - and the sections of the act quoted below specifically refer to "broadcast" and "cable". Not "streamed", nor "downloaded". > 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. Again, it doesn't breach any such thing. Cheers, Rich. > > 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." - 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/backstage@lists.bbc.co.uk/
