What about on-demand services?
On-demand services, i.e. where the viewer or listener actively
chooses the viewing or listening time or content of individual
programmes as part of that service, are not considered to be
broadcasts under the Act and are therefore not automatically
covered by an ERA licence nor by any part of Section 35.
There are different types of on-demand services (e.g. podcasts).
Where the terms and conditions for reception of the service permit
customers to record programmes for subsequent viewing, care
needs to be taken to ensure that any recording or subsequent
educational use does not go beyond private non-commercial
recording permitted by those terms and conditions.
Broadcast programme services where the provider or broadcaster
offers a range of fixed viewing times for the viewer to select from,
are not on-demand services and may be recorded.This includes
simulcasts of the broadcast delivered via the internet.
Non-scheduled internet transmissions are not broadcasts and are
not automatically covered by the ERA Licence. However in some cases, the terms and conditions applicable for
use may make an express link to allow holders of an ERA Licence
to access the service for educational purposes. More information
about this will be publishesd by ERA in due course