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Library Services: Services for Staff

 

Alan Lee

   
 

Guide to Copyright for LSBU Staff

All members of the University must observe the law of copyright. At present this is the Copyright, Designs and Patents Act of 1988, and the various licences which have resulted from it. These pages show how the Act affects you in your own work, and the use of copyright material by students. Penalties for infringement can be severe, and it is important that all staff observe the law.

What is copyright?

Copying Printed Material

What is covered by the new CLA Basic Photocopying and Scanning Licence?

Photocopying under the licence

Scanning under the licence

Course Packs under the CLA licence

Off-Air Recordings

Newspapers

Copying Maps

Making Slides

Frequently Asked Questions

What is copyright?

Copyright is a property right which protects work produced on paper, slides, video, tape, disc, on the Internet, or any other format. It may be a paper, programme, illustration, set of data or any other production. Copyright protection is automatic, and copying anything without permission breaches the owner's copyright, and is illegal. An author's copyright lasts for 70 years after the author's death. Published editions of authors' works have copyright for 25 years from the date of publication. Copyright on works made during a course of employment by an employee rest with the employer unless specifically agreed otherwise.

Copying Printed Material

What does the Copyright, Designs and Patents Act of 1988 allow?

You or your students can copy small amounts of copyright material yourself for your own individual private study or research under the "fair-dealing" provisions. Unfortunately, fair-dealing is nowhere defined or quantified. However, it is usually taken to limit copying to :

  • One article from any one issue of a journal
  • One chapter or excerpts up to 5% (whichever is greater) of a book.
  • Up to ten pages of a poem, short story or other literary work taken from an anthology of short stories or poems.
  • One whole report of a single law case in a set of published judicial proceedings.

Fair-dealing relates to individuals making copies, but if several people are making copies at the same time, this could constitute "systematic single copying", which is not allowed under "fair-dealing".

What is covered by the new CLA Basic Photocopying and Scanning Licence?

The University holds a licence from the CLA which permits students to make photocopies and staff to make multiple photocopies for a class of campus-based or Distance Learning students of copyright material included in the licence, subject to certain limits.

In addition digital copies of UK print material covered under the licence can be made through CLSD for distribution or delivery to students on a particular course of study.

Photocopying under the licence

If you simply want to make class copies of single articles or chapters for your students on LSBU photocopiers you should ensure that they are covered by the provisions of the above CLA licence.

If you use the University printing service. you will be required to fill in a request form. It is essential to :

  • Include cost centre and signature of the budget holder AND sign the copyright declaration at the bottom of the form.
  • In most cases there will be copyright material in the document so you should tick Yes.
  • Then, if you are sure that the document is covered by the CLA scheme sign and date the form. In cases of doubt consult the CLA website.
  • If the document is not covered by the CLA licence and you have written authorisation from the publisher, then you should enclose this with the print request form. (e.g. foreign newspapers).
  • If the document is not covered by the CLA licence, you should get the publisher's authorisation.

Scanning under the licence

  1. The original must be in print form and owned by the Library or a University department.
  2. It must be published in the UK and not be on the CLA excluded list. This means printed music, maps, charts, books of tables, public exam papers, privately owned documents, newspapers, industrial house journals, “copying not permitted” publications, and unpublished material (except authored by yourself). If you are unsure if the material you want is covered then contact us for advice.
  3. Copies of copyright-fee paid items can be obtained for you from the British Library,

Within the terms of the licence, scanning can be undertaken for you by CLSD provided that :

  • Copies are for a clearly defined course of study and access is restricted to these users.
  • Only one chapter of a book or up to 5% of the whole book may be copied within any academic year.
  • Only one article from a journal issue may be copied within any academic year
  • Up to ten pages of a poem, short story or other literary work taken from an anthology of short stories or poems.
  • One whole report of a single law case in a set of published judicial proceedings.

We are having to restrict the scanning of material to designated staff in CLSD, because this is only a basic licence, strict records have to be kept and returns made to the CLA every 12 months.

Therefore we invite you to contact your CLSD Information Advisor and discuss your needs. The LSBU CLA notice is here for your information.

 he_basic_licence_notice v3.pdf

Course Packs under the CLA licence

Course packs are included in the licence. Distance Learning courses are included but short-term full-cost courses are excluded from the licence. Staff may photocopy items for inclusion, but should not exceed the amounts from individual publications stated above.

CLSD can assist you obtain material for course packs. This is now limited to material covered by the licence. These can now be in two types : electronic or paper format. The way the unit is taught will determine which is the most appropriate. Here are some alternatives :

  • An electronic set of readings all covered by the new scanning licence made from print copies for you by CLSD for delivery via Blackboard and the Reading List Finder on the Library website.
  • An electronic set of readings with links to existing ful- text journals or electronic books.
  • An electronic set of readings which links to both existing full text journals, electronic books and to scanned items made from print copies for you by CLSD covered by the scanning licence.
  • A paper course pack with only material covered by the photocopying licence. Some items may be obtained for you by CLSD.
  • A pack that contains both paper and electronic readings, all covered by the licence.

It is essential that we keep within the boundaries of the licence. The CLA monitor compliance, and any scanning has to be carefully logged. The electronic copies cannot be kept in open repositories or digital libraries. We are required to keep them in course-based collections. We will arrange this via our Reading List Finder system, and you can arrange it via a Blackboard unit site.

Please contact CLSD via e-mail and we will assist you in the presentation of your material.


Off-Air Recordings

Under the Copyright Act of 1988 educational establishments were given the right to record off-air radio and television programmes for educational purposes, with the proviso that if certified licensing schemes were set up, educational establishments must comply with these. London South Bank University holds licences from the ERA (Educational Recording Agency) and Open University. The ERA licence covers programmes broadcast by BBC, ITV and Channel 4 & 5 (other than Open University).

The licence allows:

  • Unlimited numbers of copies to be made for use within the institution for educational purposes.
  • No restriction on length of time they can be kept.
  • Recordings can be made at home by teaching staff, and used for teaching in the university.
  • Extracts can be recorded and used.
  • BUT editing, cutting or amending of programmes is not covered in the licence.
  • The Open University licence allows us to record the programmes. Annual fees are payable.
  • To have programmes recorded by CLSD under either licence, contact Lesley Stackpoole, on 0207 815 6649 stackpl@lsbu.ac.uk

Newspapers

London South Bank University holds the Newspaper Licensing Agency licence This covers the major national newspapers including :

Daily Mail and Mail on Sunday
Daily Star
Daily Telegraph and Sunday Telegraph
Evening Standard
Express and Express on Sunday
Financial Times
Guardian
Independent and Independent on Sunday
Mirror and Sunday Mirror
News of the World
Observer
People
Sun
The Times and Sunday Times

Copying must be limited to 250 copies of any one article

All copies must be marked "With permission, copied from (title of the newspaper) dated......"

The copying of photographs or advertisements is not permitted, even when they form part of an article; they should be covered over before multiple copies are made.

Articles may not be adapted, stored or distributed electronically.

Foreign newspapers are not covered in our licence and multiple copying should only be done with the permission of the publishers.

Copying Maps

The University holds an Educational Copyright Licence from Ordnance Survey, which gives permission to reproduce material. We are allowed to

  • Copy maps for teaching, lecturing, examination and University research purposes only.
  • Use digital mapping for teaching, lecturing, examination and University research purposes only.
  • Colour facsimile copies of mapping at a scale of 1:25 000 and smaller must not exceed A4 size.
  • There are no size restrictions for mapping at 1:10 000, 1:2500 and 1:1250 scales, redrawn or substantially amended mapping or black and white copies of small-scale maps.

The licence does NOT include:

  • The transfer of Ordnance Survey material into computer readable form (e.g. digitising or scanning).
  • The incorporation of digital map data in third party products.
    The reproduction of Ordnance Survey material by outside printing firms.

Every reproduction must carry:

An acknowledgement saying

'Reproduced from the Ordnance Survey ** map with the permission of The Controller of Her Majesty's Stationery Office, Crown copyright ***
*=year of publication

**= scale and name of the map
***=your name, address and licence number

If a reproduction is not limited to Ordnance survey material, replace the words 'reproduced from' with 'based upon' in the acknowledgement

For other details please consult Ordnance Survey Copyright & Legal Affairs on 01703 792339

Making Slides

The University has a retrospective Design & Artists Copyright Society (DACS) licence which has cleared the copyright on all the slides which the University holds up to the end of 1997.

For slides made subsequently, staff presently have only three options :

  1. Under fair dealing in the Copyright Designs and Patents Act of 1988, staff could make a single copy of an illustration for private study, research, criticism, review or for teaching purposes. Such copies could not be put into the library collection or any other formal collection, unless the copyright is owned by us, or any copyright has been cleared.
  2. Copyright could be cleared for the item, thus enabling freer use and possible deposit in the library.
  3. Make slides of objects or views so that the copyright belongs to the University therefore enabling freer use and possible deposit in the library.

Frequently Asked Questions

  1. Can a member of staff make copies of a newspaper article for all members of a class?
    Yes, provided that the newspaper is covered by the Newspaper Licensing Agency licence, copies are limited to 250, and each copy carries a statement "With permission, copies from (title of the newspaper) dated…."
  2. Can a member of staff copy a chapter from a book for a class of students?
    Yes, provided the publisher of the book has agreed to be included in the CLA licence. As many copies may be copied as there are students in the class.
  3. Can a member of staff copy a journal article for a class of students?
    Yes, provided the publisher of the journal has agreed to be included in the CLA licence. As many copies can be made as there are students in the class.
  4. Can students copy from foreign newspapers?
    Students could copy articles under fair dealing for research or private study under S.29 of the Copyright Act. The NLA scheme does not cover foreign newspapers. Nor can they be copied for classes under the CLA scheme.
  5. How can course packs be made up? What are the limits?
    A course pack is a compilation of bound or loose-leaf materials designed to support a module or course of study. You may make up course packs for all members of your class provided that they consist of items covered by the CLA licence and conform to the usual limitations on amounts which may be copied.
  6. Can I digitise an article and put it onto a Blackboard site?
    Only if copyright has been cleared and appropriate fees paid.
  7. How can I learn more about copyright and check my understanding of copyright? See the LSBU Staff Briefing Notes Presentation http://www.lsbu.ac.uk/sdu/5min/copyright/  (note: all graphics and music are copyright free or via Creative Commons and owners attributed.)
  8. How can I legally use the Creative Commons Licence for my PowerPoint presentations? See the LSBU Staff Briefing Notes Presentation called Creative Commons and other sources of graphics to use in PowerPoint http://www.lsbu.ac.uk/sdu/5min/photos/ (note: all graphics used are Creative Commons and owner attributed.)

Finally
For further clarification or guidance on any of this guide, please contact:

Alan Lee leear@lsbu.ac.uk ext 7840.
Document and Copyright Services Manager

 

 

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Last Updated December 19, 2008 • Pages produced by CLSD Web Team © 2006• Content compiled by CLSD Information Advisers
CLSD, London South Bank University,103 Borough Road, London, SE1 0AA • Tel: 020 7815 6625