delete The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) (Revocation and Amendment) Order 2008
This Order revokes the 2005 Order and amends the licensing scheme set out in the Schedule to the 2007 Order by substituting paragraph 8. It certifies the Educational Recording Agency Limited's licensing scheme for educational recording of broadcasts, which permits educational institutions to record and use broadcast content under licensed terms.
This Order perpetuates a government-certified monopoly for a single licensing body (ERA) in educational recording rights. Such certification inherently forecloses competition by designating one body as the sole authorized licensor. The result is higher fees than would emerge in a competitive market, barriers to entry for alternative licensing schemes, and reduced innovation in delivery of educational content. While copyright protection is legitimate, government-endorsed certification of a single licensing body is not required to achieve that outcome — voluntary licensing and direct negotiation between broadcasters and educational institutions would suffice at lower cost.