[cma-l] Fw: Copyright Licensing Agency
Tony Bailey
studio at ravensoundradio.co.uk
Thu Jan 20 17:05:28 GMT 2011
I suggest you ask them to explain how statutory instrument 2498 removed
the provisions for "fair dealing" for example:
The GreeNet alert in 2002 dealt with changes to the 1988 Act. At the
time the main concern was amendments to the fair dealing rules where
personal use and unpublished reports were concerned, so I find it hard
to believe that fair dealing was abolished for all published work.
1988 Act: 29 (1) the SI now substitutes:
"Fair dealing with a literary, dramatic, musical or artistic work for
the purposes of research for a non-commercial purpose dose not infringe
any copyright in the work provided it is accompanied by a sufficient
acknowledgement"
For an identical paragraph in the original act which include a reference
to private study instead of non-commercial purpose and "in the work"
included the typographical arrangement of a published edition.
The fact that the "typo" bit was removed doesn't mean that you ignore
the word "literary".
(The custom and practice of "fair dealing" would be where you review a
copyright work and use a clip in a programme).
I doubt if many radio stations would make much use of print anyway.
Tony Bailey
sandra martin wrote:
>
> Hi
>
> Has anyone come across this copyright licensing before and if so have
> they felt the need to pay?
>
> thanks
>
> Sandra Amey-martin
> Station Manager
> Saint FM 94.7
>
> *From:* Hardeep Mudhar <mailto:Hardeep.Mudhar at cla.co.uk>
> *Sent:* Thursday, January 20, 2011 12:30 PM
> *To:* sandra.martin at saintfm.org.uk <mailto:sandra.martin at saintfm.org.uk>
> *Subject:* FW: Copyright Licensing Agency
>
>
> Dear Ms Martin,
>
>
>
> *RE: The Copyright & Related Rights Regulations 2003 SI No 2498 *
>
> * *
>
> I am writing further to my email dated 19/11/2010 regarding your
> company’s current arrangements to ensure the legal copying and scanning
> of copyright publications. I have not yet received a response.
>
>
>
> I note that your business does not hold a licence from CLA ensuring the
> lawful copying of copyright works from published media. This is despite
> important changes to the law which took effect in 2003 which prompted
> thousands of other UK businesses and PLCs to apply for a licence. I
> enclose information concerning this issue and the CLA Business Licence
> for your attention.
>
>
>
> The change in law means that, with very few exceptions, any commercial
> organisation now wishing to copy or reuse copyright articles and
> information from published magazines, journals, periodicals or books (or
> cuttings from these editions) will require a CLA licence or other
> statutory authority to ensure lawful copying. Many businesses will have
> relied upon the limited “fair dealing” exceptions in the past when
> making copies from published editions but this defense no longer applies.
>
>
>
> Typically copying might occur for market research, communications, press
> office, marketing, PR or competitor intelligence purposes. We also know
> from the surveys we conduct in businesses that copies are made for case
> studies, business profiles, company announcements, health and safety,
> director biographies, legal work, management information etc.
>
>
>
> The enclosed Business Licence permits photocopying from millions of
> magazines, journals, periodicals and published editions in addition to
> scanning and email delivery. The cost of a licence is based upon your
> business sector – SIC 92 Band B CLA Rate Card, and the number of
> ‘Professional Employees (managers and above and all staff holding a
> professional qualification) in your business.
>
>
>
> Please contact me on 02074003142 or Hardeep.mudhar at cla.co.uk
> <mailto:Hardeep.mudhar at cla.co.uk> to discuss your organisation's licence
> requirements. I attach a CLA licence application form for your urgent
> attention*. Please pay particular attention to the section covering
> indemnity for past copying * . *It is CLA policy to backdate the licence
> for a minimum of two years.*
>
> * *
>
> If you have any questions please do not hesitate to contact me, or
> consult your own independent legal advisor as soon as possible.
>
>
>
> I would appreciate your early response in this matter.
>
>
>
> Yours Sincerely
>
> Hardeep.
>
>
>
>
>
> *From:* Hardeep Mudhar
> *Sent:* 19 November 2010 11:23
> *To:* 'sandra.martin at saintfm.org.uk'
> *Subject:* Copyright Licensing Agency
>
>
>
> Dear Ms Martin,
>
>
>
> *RE: The Copyright & Related Rights Regulations 2003 SI No 2498 *
>
> * *
>
> I note that your business does not hold a licence from CLA ensuring the
> lawful copying of copyright works from published media. This is despite
> important changes to the law which took effect in 2003 which prompted
> thousands of other UK businesses and PLCs to apply for a licence. I
> enclose information concerning this issue and the CLA Business Licence
> for your attention.
>
>
>
> The change in law means that, with very few exceptions, any commercial
> organisation now wishing to copy or reuse copyright articles and
> information from published magazines, journals, periodicals or books (or
> cuttings from these editions) will require a CLA licence or other
> statutory authority to ensure lawful copying. Many businesses will have
> relied upon the limited “fair dealing” exceptions in the past when
> making copies from published editions but this defense no longer applies.
>
>
>
> Typically copying might occur for market research, communications, press
> office, marketing, PR or competitor intelligence purposes. We also know
> from the surveys we conduct in businesses that copies are made for case
> studies, business profiles, company announcements, health and safety,
> director biographies, legal work, management information etc.
>
>
>
> The enclosed Business Licence permits photocopying from millions of
> magazines, journals, periodicals and published editions in addition to
> scanning and email delivery. The cost of a licence is based upon your
> business sector – SIC 92 Band B CLA Rate Card, and the number of
> ‘Professional Employees (managers and above and all staff holding a
> professional qualification) in your business.
>
>
>
> Please contact me on 02074003142 or Hardeep.mudhar at cla.co.uk
> <mailto:Hardeep.mudhar at cla.co.uk> to discuss your organisation's licence
> requirements. I attach a CLA licence application form for your urgent
> attention*. Please pay particular attention to the section covering
> indemnity for past copying * . *It is CLA policy to backdate the licence
> for a minimum of two years.*
>
> * *
>
> If you have any questions please do not hesitate to contact me, or
> consult your own independent legal advisor as soon as possible.
>
>
>
> I would appreciate your early response in this matter.
>
>
>
> Yours Sincerely
>
> *Hardeep Mudhar*
>
> Business Development Manager
>
>
>
> *The Copyright Licensing Agency Ltd*
>
> Saffron House
>
> 6-10 Kirby Street
>
> London
>
> EC1N 8TS
>
> Tel: 020 7400 3100
>
> Fax: 020 7400 3101
>
> Direct Line: 020 7400 3142
>
>
>
> www.cla.co.uk <blocked::http://www.cla.co.uk/>
>
>
>
>
>
> The Copyright Licensing Agency is a member of The Alliance Against IP
> Theft and The Trading Standards Institute.
>
>
>
> **********************************************************************
> THE COPYRIGHT LICENSING AGENCY LIMITED
> Registered Office:
> SAFFRON HOUSE
> 6-10 KIRBY STREET
> LONDON
> EC1N 8TS
> Company No. 1690026 (registered in England)
>
> The contents of this email and any attachments are confidential to the
> intended recipient.
> They may not be disclosed to, used by or copied in any way by anyone
> other than the intended recipient.
>
> Whilst any information and/or any opinion given is believed to be
> correct, it is not intended
> to constitute legal advice; you should seek specific legal advice as
> appropriate.
>
> Please note that the CLA does not accept any responsibility for viruses
> and it is your
> responsibility to scan or otherwise check this email and any attachments.
> **********************************************************************
>
>
> ------------------------------------------------------------------------
>
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