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
- The original must be in print form and owned by the Library or a University department.
- 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.
- 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 :
-
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.
-
Copyright could be cleared for the item,
thus enabling freer use and possible deposit in the library.
-
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
- 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
."
- 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.
- 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.
- 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.
- 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.
- Can I digitise an article and
put it onto a Blackboard site?
Only if copyright has been cleared and appropriate fees
paid.
- 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.)
-
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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