delete OPEN UNIVERSITY LICENSING SCHEME
This Order certifies the Open University's licensing scheme for educational recording of broadcasts under section 35 of the Copyright, Designs and Patents Act 1988, effective 1 April 2003. It revokes two prior Orders (1993 and 1996) while preserving existing licences granted under the old scheme.
This regulation exemplifies government's role in picking winners by certifying a single entity (Open University) to operate a licensing scheme, restricting market competition in educational recording licensing. While section 35 serves a legitimate purpose, the certification mechanism creates an effective monopoly for the Open University and limits other potential licensors from entering the market. The 1993 Order's revocation suggests this scheme was being refined, but the underlying issue remains: rather than allowing copyright holders and educational establishments to negotiate licensing arrangements freely in the market, government certification artificially constrains who may offer such schemes. Deletion would allow market forces to determine appropriate licensing arrangements for educational recording, promoting competition and innovation in educational technology delivery.