Clickview and its legalities

[Hacksawbob]

Just to add what I understand there are two ERA licenses The ERA and the ERA+

The ERA license allows recording of free to air programs for use WITHIN the school

The ERA+ license allows pupils and Staff from the licensed organisation to view those recordings from off site ie from home.

The last time I enquired ERA licences (NOT ERA+) are held by every borough in England Bar 2. This may have changed over the last year. Sharing between schools is not covered but seems to go on regardless via clickview. I understand that the recording has to be done by a member of the licensed school I'd say they are sailing close to the wind with the clickview sharing between institutions.

[ClickViewDanny]

Just to add what I understand there are two ERA licenses The ERA and the ERA+

The ERA license allows recording of free to air programs for use WITHIN the school

The ERA+ license allows pupils and Staff from the licensed organisation to view those recordings from off site ie from home.

The last time I enquired ERA licences (NOT ERA+) are held by every borough in England Bar 2. This may have changed over the last year. Sharing between schools is not covered but seems to go on regardless via clickview. I understand that the recording has to be done by a member of the licensed school I'd say they are sailing close to the wind with the clickview sharing between institutions.

 

Hi Hacksawbob,

 

Our Exchange server is regulated by ERA, the sharing between institutions is covered by an ERA+ licence. I can assure you that ClickView Exchange does not break any law nor does it come close to doing so. This has been the case since the Exchange was started.

 

I'm sure ERA would be happy to give a more detailed explanation than I have and will chase this up if anyone thinks it would be useful?

 

Danny

[Andrew_C]

I had an inspector here from the ERA a couple of years ago. She was entirely happy with CV, Exchange, and the way we are using it. This is what Exchange was designed to do.

[Hacksawbob]

Thanks Danny, Just going off what's on the ERA site, here's where I am getting that information. Maybe you could enlighten us on how Clickview addresses these clauses?

 

"Copies made by an authorised resource centre or other third party

may only be delivered to the establishment in hard copy form and

not by email, unless prior written permission has been obtained

from ERA"

 

 

"For example, licensed establishments may copy recordings and

supply them on cassette or disc to ERA licensees who have

missed a broadcast"...

Note that on-line delivery and electronic

transmission of copies between licensees or a licensed resource

centre is not permitted unless written third party agreements with

ERA are in place to cover such exchange.

 

I take it Clickview have written permission from the ERA to operate the sharing service between establishments?

 

ERA+ para 2.4

...any such copying shall be made:

(b) at the premises of a third party authorised by the Licensee to make copies on behalf of the Licensee under written

contractual terms and conditions which prevent the retention or use of any copies by that third party or any other

third party unless ERA shall have expressly agreed that a specific third party may retain any copies for subsequent use only by current Licensees under an ERA Plus Agreement

 

So one school would need to have written contractual permission to another school? Or does clickview become the specific third party? Thanks Bob

[australiana]

I will let those who are better qualified respond to the legalistic points made above.

 

I would just note that Andrew has said that an ERA officer who inspected his school's system, and use of the Exchange, had no doubt about the absolute legality of what they were doing and there was no suggestion they were "sailing close to the wind". Moreover, Clickview Exchange is used by hundreds of schools and it is obvious that if the Exchange operated outside the rules then ERA would have forced it to close or make substantial changes. This has not happened and I would therefore suggest that the doubts raised above do not have any foundation.

Edited September 19, 2011 by australiana

[ClickViewDanny]

Thanks Danny, Just going off what's on the ERA site, here's where I am getting that information. Maybe you could enlighten us on how Clickview addresses these clauses?

 

"Copies made by an authorised resource centre or other third party

may only be delivered to the establishment in hard copy form and

not by email, unless prior written permission has been obtained

from ERA"

 

 

"For example, licensed establishments may copy recordings and

supply them on cassette or disc to ERA licensees who have

missed a broadcast"...

Note that on-line delivery and electronic

transmission of copies between licensees or a licensed resource

centre is not permitted unless written third party agreements with

ERA are in place to cover such exchange.

 

I take it Clickview have written permission from the ERA to operate the sharing service between establishments?

 

ERA+ para 2.4

...any such copying shall be made:

(b) at the premises of a third party authorised by the Licensee to make copies on behalf of the Licensee under written

contractual terms and conditions which prevent the retention or use of any copies by that third party or any other

third party unless ERA shall have expressly agreed that a specific third party may retain any copies for subsequent use only by current Licensees under an ERA Plus Agreement

 

So one school would need to have written contractual permission to another school? Or does clickview become the specific third party? Thanks Bob

 

Hi Hacksawbob,

 

The only way I'll be able to answer your question regarding the specific clauses is by speaking to ERA, which I'm happy to do if you think this will be useful? They are very helpful, if you're worried that your use of Exchange is flouting the law I'm sure they will be happy to put your mind at ease. I've always had informative and helpful answers from them on 020 7837 3222.

 

We speak to ERA on a regular basis, they are fully aware of ClickView Exchange and how it operates and as Andrew_C has mentioned, his school was inspected by ERA and they saw no issue. Apologies I can't elaborate further regarding the specific clauses, but will endeavour to get you some answers if you'd like me to.

 

Danny

[Hacksawbob]

Hi Danny I don't use CV exchange. I did look into it a while back but I couldn't get CV working at my site while trialling it, (conflict with existing codecs I believe was the cause amongst other local issues) I am sure a well known company like CV have done there homework on this and had lawyers crawling over over it before basing there business model on it.

[ClickViewDanny]

Hi Danny I don't use CV exchange. I did look into it a while back but I couldn't get CV working at my site while trialling it, (conflict with existing codecs I believe was the cause amongst other local issues) I am sure a well known company like CV have done there homework on this and had lawyers crawling over over it before basing there business model on it.

 

Hi Hacksawbob,

 

I would hope so too and am very confident this is the case, but it all started before my time at ClickView so couldn't comment on what happened when it was first introduced. If a ClickView trial is ever of interest again feel free to drop me an email on [email protected] - you can even have a trial login for the Exchange which ERA have given us permission to hand out for a month at a time! )

 

Danny

[MbroTech]

Remember that even with the appropriate ERA licence all content has to be labelled with specific information and the rlevant disclaimer must be readable on all content covered. It also only covers the bodies that subscribe to it which is really BBC, ITV Channel 4 and Five and their associated Freeview cousins.

[ClickViewDanny]

Remember that even with the appropriate ERA licence all content has to be labelled with specific information and the rlevant disclaimer must be readable on all content covered. It also only covers the bodies that subscribe to it which is really BBC, ITV Channel 4 and Five and their associated Freeview cousins.

 

Hi MbroTech,

 

The disclaimer within ClickView Player pops up when you hover over a 'Play Video' button, so you're covered for this within ClickView too.

 

 

Danny

[MbroTech]

That's great. It was a general reminder for those using any system of storage and retreival though. Even with a licence you have responsibilities.