Explanatory note

Under section 35 of the Copyright, Designs and Patents Act 1988 (1988 c. 48) (“the Act”) recordings of broadcasts and cable programmes may be made by or on behalf of educational establishments for the educational purposes of that establishment without thereby infringing copyright. The section does not apply, however, if or to the extent that there is a licensing scheme certified for the purposes of that section under section 143 of the Act providing for the grant of licences.

This Order, made under section 143 of the Act, both certifies the scheme scheduled to it which is to be operated by Open University Worldwide Limited, and revokes the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University Educational Enterprises Limited) Order 1993 (S.I. 1993/2755) (“the 1993 Order”) which it replaces. It also revokes the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University Educational Enterprises Limited) (Amendment) Order 1996 (S.I. 1996/190) (“the 1996 Amendment Order”) which amended the 1993 Order.

The certification under section 143 of the Act comes into operation, and the revocation of the 1993 Order and the 1996 Amendment Order takes effect, on 1st April 2003.