British Universities Film & Video Council

moving image and sound, knowledge and access

FAQs

Interested in joining the National VHS Register initiative?  Please read below for answers to the most commonly asked questions that we have received since the launch of the initiative in December 2009:

Q. We are interested in joining the initiative but need to check within our institution whether we have the authority to do so.  How can you help?

Please download the Why join the National VHS Register document.

Q. In addition to VHS we also have a large amount of DVD recordings.  Why are you not asking for these also?

The initiative is focused on VHS recordings only as these are most at risk. Following the completion of the pilot phase we will be looking to expand the initiative beyond VHS.

Q. Why are not all HEIs and FEIs included in the initiative?

At the moment the scheme is being aimed only at BUFVC member institutions. Following the pilot stage we hope to invite all HEIs and FEIs to join.

Q. We do not have a record of some of the information you are requesting. What should we do?

Although the information we are requesting is desirable, we are still able to accept what information you have. Please note, however, that retention of broadcast information pertaining to the title, channel and date of broadcast are requirements of the ERA licensing scheme. If you do not display this information you may be in violation of the terms of your license.

Q. Is there a quick and easy way for us to provide the BUFVC with the data you require?

Most database programmes allow for easy exports of data to formats such as Microsoft Excel, or simply as tab separated documents. We are happy to respond to any queries regarding this process, or you may wish to speak with representatives from your IT department.

Q. Should we include recordings that we have received through the BUFVC or similar off-air services?

Yes, but only if they have been supplied to you on VHS cassettes.

Q. Some of our recordings date from before the formation of ERA. Should we be disposing of these regardless?

An answer to this question can only be gained on a case-by-case basis. Prior to 1988/89, some existing licencing arrangements were in place for off-air recording (for instance: BBC TV ‘educational’ productions – which often carried an E suffix in the Radio Times; Channel 4 had a license process, as did the OU), but there was no blanket exception and embedded licenses in UK law as there are now.

The 1988 copyright legislation (with the new licencing and exception) was not made active retrospectively, so anything recorded pre 1989 should be considered ‘suspect’.  However, many such recordings:

  • are now unique
  • may have been used in teaching regularly since they were recorded
  • may well be shown under the defence of Section 34 (although there is no defence for the original act of copying or recording).

It is also important to note that your institution may have paid for non-theatrical rights in television programmes pre 1988 in order to hold them, so you may find your collections of formerly broadcast content have actually been paid for.

Bearing in mind that all UK copyright exceptions are actively being reviewed, the best advice we can provide at the moment for anyone holding copies of pre 1989 broadcast content is:

  • to offer the catalogue information to BUFVC (because we can check the current standing of the content)
  • to retain the copies as they may well be unique and significant
  • if the rights situation is not clear it is probably best not to make use of these recordings for the time being.

Further questions?

Please contact the project coordinator Frazer Ash, Media Technician at the BUFVC, by email or telephone: 020 7393 1503.