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1

Copyright Licensing Agency: Trial Licence - Photocopying and Scanning

1.1

The University holds a licence with the Copyright Licensing Agency which permits the making of:

Multiple photocopies of limited extracts from copyright protected printed books, journals or magazines and

Digital copies of limited extracts from copyright protected printed books, journals and magazines

for distribution or delivery to cohorts of students enrolled on a course of study.

1.2

The licence permits paper or digital copies to be supplied in the form of a paper copy (i.e. “paper-to-paper”), in the form of a digital copy (i.e. “paper-to-electronic”) or in the form of a printout of the digital copy (“electronic-to-paper”).

1.3

For each digital copy prepared and distributed, there are also specific obligations to (i) append a copyright notice and (ii) record and report bibliographic and course based details to CLA. For this reason, and other licence requirements, digital copies may be made only with the authority of the University’s Licensing Co-ordinator Kate Price (E-Strategy & Resources Manager in the Library, extension 2876).

1.4

Source Material: Multiple photocopies/digital copies may be made from an original book, journal or magazine owned by the University, or a copyright fee paid copy of a chapter/article supplied by an organisation holding a document delivery licence with CLA (e.g. British Library). Copies supplied to the University by a licensed document supplier or an intermediary holding a CLA licence permitting the supply of content in electronic form (e.g. an organisation holding a Press Cuttings Agency Licence) have the status of copyright cleared and can be used as a source for making multiple photocopies and/or digital copies under the licence. Books, journal parts and magazines borrowed either from the British Library or another HE or FE (or other) library on inter library loan cannot be used as source editions for making paper and/or digital copies under the terms of the licence.

1.5

Quantity of Copies: The number of copies should not exceed that needed to provide one copy for each participant (and the tutors) on a course of study. Photocopies and digital copies may also be prepared for the purpose of commercially funded research for supply to members of the research team and any third party funding the research, subject to the terms and conditions as set out in the full licence, and summarised in the User Guidelines, which can be found on http://www.cla.co.uk/support/he/index.html. Making or receiving copies in excess of these limits, or making copies which are sold for profit, is not permitted.

1.6

Territory: The licence permits copies to be made in the UK only. However, distance learning students have the same rights to receive photocopies and download and print digital copies.

1.7

Photocopying

1.7.1

Repertoire: The licence permits photocopying of extracts from most books, journals, periodicals, conference proceedings and law reports published:

•

in the UK – except those listed on the List of Excluded Categories and Excluded Works which can be found on http://www.cla.co.uk/support/excluded.html.

•

in Australia, Austria, Canada (including Quebec), Denmark, Finland, France, Germany, Greece, Hong Kong, Iceland, Jamaica, the Netherlands, New Zealand, Norway, Republic of Ireland, Singapore, South Africa, Spain, Sweden and Switzerland.

•

by those publishers included in the List of Participating US Publishers which can be found on http://www.cla.co.uk/support/uspublishers.html.

1.7.2

Exclusions: Material which cannot be photocopied under the terms of the licence:

•

newspapers, privately-owned documents, printed music (including the words), maps, charts or books of tables, public examination papers, industrial house journals, workbooks, workcards or assignment sheets

•

works which expressly stipulate that they are excluded from the CLA licence

•

works published outside the mandating territories (see 1.7.1)

•

works contained in the CLA excluded works list (see 1.7.1)

•

unpublished material

1.7.3

Extent: The proportion of a publication that can be photocopied is restricted to whichever it the greater:

•

Up to 5% or one complete chapter of a book

•

Up to 5% or one article of a journal issue

•

Up to 5% or one paper from a set of conference proceedings

•

Up to 5% of an anthology of short stories or poems or one short story or one poem of not more than 10 pages

•

Up to 5% or one case of one report of judicial proceedings

1.8

Scanning

1.8.1

Repertoire / Exclusions: The licence permits scanning from printed books, journals and magazines published in the UK subject to not being listed in either:

•

the standard “List of Excluded Categories or Excluded Works” (see 1.7.1) OR

•

the special list of “Works Excluded from Scanning under the HE Trial Licence” which can be found on http://www.cla.co.uk/licensing/he/he_scanning.html.

1.8.2

Extent: As for photocopying.

1.8.3

E Books and E Journals: The licence does not authorise copying from a digital source.

1.8.4

Sharing: The licence permits an HEI to supply or receive a digital copy from another CLA Licensed HEI or FEI provided each institution owns an original published edition and has a CLA Licence including scanning rights.

1.8.5

Course Collections: Digital copies should be distributed via course based collections, and it is a condition of the licence that strict procedures for secure authentication are in place to ensure that access is limited to authorised persons.

1.8.6

Authority to make digital copies: Authority to prepare and distribute digital copies is restricted to Designated Persons as authorised by the Licence Co-ordinator.

1.8.7

Copyright Notice: All digital copies must contain a Copyright Notice that includes the form of words and bibliographical/course information as set out in the Licence Agreement (see 1.5).

1.8.8

Access to digital copies: Although all registered students and all contracted members of staff may view any digital copy prepared under the terms of the licence, digital copies may only be downloaded and printed by:

•

each student enrolled on the particular course of study

•

a tutor, lecturer or supervisor providing teaching or instruction on the course

•

a visiting academic teaching or auditing the course

Digital copies cannot, under any circumstances, be made available on the publicly accessible internet.

1.9

Information on how the licence will operate at the University can be found on the Library website at the following link (University login required):

http://portal.surrey.ac.uk/library/libraryservices/infoacademic/cla

For more information about the licence, including the CLA’s User Guidelines, see http://www.cla.co.uk/support/he/HE_TrialLicence_UG.html.

2

Newspaper Licensing Agency

2.1

The University holds a licence with the Newspaper Licensing Agency. This permits photocopying, and faxing, of copyright material from the UK newspapers listed below, and is separate from the CLA licence which excludes newspapers.

Daily Express

Daily Mail

Daily Star

Daily Star Sunday

Daily Telegraph

Evening Standard

Financial Times

The Guardian

Independent

Independent on Sunday

Mail on Sunday

Daily Mirror

News of the World

The Observer

The Sun

Sunday Express

Sunday Mirror

The People

Sunday Telegraph

Sunday Times

The Times

There is provision also under the licence for some copying from regional or overseas newspapers. Please contact Nicky Routh in Business Support Services (n.routh@surrey.ac.uk, extension 9008) if you want to take copies from newspapers which do not appear on the above list.

2.2

The licence permits the making, on an ad hoc basis, of photocopies on plain paper (or otherwise with a view to their projection by illumination on to a screen) or the transmission telephonically in facsimile form, of cuttings from the given newspapers, for internal management and educational purposes. A cutting must be no more than one whole article from any given issue of the newspaper concerned, and no more that 250 copies may be made.

2.3

The licence is limited to the copying and circulation of copies for internal use within the University.

2.4

The licence does not permit copying on a “systematic” basis (ie daily, weekly or monthly digests of press cuttings that are distributed to staff and/or students).

2.5

Copies should carry the following notice:

“NLA licensed copy. No further copies may be made except under licence.”

2.6.

The licence does not permit the making of any alteration to any extract from a given newspaper other than alteration to size. Alteration to layout is, however, permitted where the sole purpose is instruction in the art of page layout as part of a media studies or similar course. Scanning is permitted also for this purpose but not otherwise except where the image is to be delivered as a photocopy on plain paper.

2.7.

More information can be found on the NLA website

http://www.nla.co.uk/index.php?option=com_content&task=view&id=7&Itemid=8

3

Ordnance Survey Maps

The University holds a licence from the Ordnance Survey to make copies from its maps. The Estates & Facilities Management Department is responsible for the annual return on which the fee is based. It makes copies for its own purposes and is willing to copy maps for others. For more information about Ordnance Survey copyright, and to make use of our existing licence, please contact Monica Jimenez on extension 3831.

4

Off Air Recording

4.1

The University holds a licence from the Educational Recording Agency which permits the recording and copying of broadcasts for the non-commercial educational purposes of the University.

4.2

Repertoire: The licence covers the following broadcasters:

•

BBC television and radio

•

ITV Network services (including ITV2 and ITV3)

•

Channel Four and E4

•

Channel Five

•

S4C

4.3

Internet Services: Broadcast programme services delivered via the internet by any of the above broadcasters, where the viewer is offered a range of fixed viewing times, may be recorded. Non-scheduled internet transmissions (eg on demand services such as the BBC Listen Again) are not broadcasts and are not covered by the licence.

4.4

Open University programmes are not covered by the licence.

4.5

Scope: The licence permits:

•

the recording, storing and copying of entire, or extracts from, broadcasts, directly onto video or audio tapes, DVD’s or CD’s, for non-commercial educational purposes

•

the playing, or loan, of recordings to students, but only within the UK

•

the digitisation of the recordings on condition that they are to be made available only within a password-protected environment and access is limited to University staff and students while on campus

•

multiple copies may be made so long as their use remains within the terms of the licence

4.6

Further Conditions

•

Recordings may be made at the University or at home. Where they are made at home they must be delivered to University in hard copy form and not using on-line services such as email.

•

The licence excludes the showing of recordings for entertainment purposes, and the sale or commercial hire of recordings.

•

There is no requirement to keep records of recordings but each must be labelled with:

-

date recording was made

-

name of broadcaster

-

programme title

-

the wording “This recording is to be used only for educational and non-commercial purposes under the terms of the ERA licence”

-

where the recording is being stored digitally on a server, it must include the same information as an opening credit, or web page, which must be viewed or listened to before access to the recording is permitted.

ERA produces self-adhesive video spine and DVD labels which are available to licensees at cost.

•

Programme material must be used as it has been broadcast, so adaptation, amendment, distortion or mutilation of material is not authorised under the licence. Programme credits are considered part of a broadcast and should not be edited from recordings, and the licence does not authorise the addition of subtitles or audio description to the recorded material.

•

Recordings may be kept indefinitely so long as they were made after 30 May 1990.

4.7

ERA website for additional information http://www.era.org.uk/.

This page was last updated on 10 November 2008