Schedule OPEN UNIVERSITY LICENSING SCHEME

Open University Worldwide Limited holds an exclusive right under copyright to licence the recording off air of all Open University television programmes in the United Kingdom by Educational Establishments and operates a licensing scheme for the off air recording of designated television programmes.

The scheme set out hereunder is operated for the purposes of section 35 of the Copyright, Designs and Patents Act 1988 (“the Act”) in respect of recording of broadcasts by Educational Establishments and replaces the scheme scheduled to the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Open University Educational Enterprises Limited) Order 1993 (“the 1993 Scheme”).

The charges payable under the licences are set out:

• DEFINITIONS

  In the Scheme and the Appendices the following expressions have the meanings set opposite them:

  School:	Any school as defined in section 174 of the Act.
  Educational Institution:	Any educational establishment specified by order of the Secretary of State under section 174(1)(b) of the Act.
  Licence Fee:	The fee payable by Schools calculated in accordance with Open University Worldwide Limited’s scale of fees set out in Appendix A for the use of Designated Programmes in accordance with the terms of the Licence for a period of up to twelve months from the date of the Licence as originally granted or renewed unless or until the Licence is terminated pursuant to Clauses 2 or 6 thereof.
  Programme Fee:	The fee payable by Educational Institutions calculated in accordance with Open University Worldwide Limited’s scale of programme fees as set out in Appendix B for the use of a Designated Programme in accordance with the terms of the Licence for a period of up to twelve months from the date of its recording unless or until the Licence is terminated pursuant to Clauses 2 or 6 thereof.
  Designated Programmes:	The television programmes broadcast by the British Broadcasting Corporation or other broadcasting organisation(s) on behalf of the Open University. The expressions “recordings of the Designated Programmes” or “recorded Designated Programmes” includes Additional Copies.
  Record off air:	To record by the use of video tape, video compact disc or any available recording and/or playback device whether available now or invented in the future, a transmission by broadcast or diffusion of television programmes to be received by television or similar receiving device.
  Educational Purposes:	The showing of recordings of Designated Programmes exclusively in teaching, training or study as part of a formal or informal course of instruction undertaken or carried out by the Licensee for non profit making purposes and where no charge is made on any person for the purposes of viewing the Designated Programmes, including the loan of recordings to bona fide students for such purposes.
  Additional Copies:	Copies made by the Licensee of Designated Programmes recorded by it.
  Business Day:	Any day except Saturday, Sunday, a Bank Holiday, Christmas Day or Good Friday.
  Educational Establishment:	An educational establishment as defined in section 174 of the Act.