Copyright

Copyright protection is automatic, and anything which is printed, written, made or recorded in any form (e.g. academic publications, web sites or video recordings) is protected by copyright, whether it says so on the item or not.

Copyright in literary, dramatic, musical or artistic works lasts until 70 years after the death of the author/creator. Typographical copyright in the printed page lasts for 25 years from publication in that edition, so a recent edition of a long-dead author cannot be freely copied.

However the relevant legislation allows some copying in specific cases.
• By Permission: the rights-owner can give permission, with or without a fee, for any action of which they hold the rights.
• Fair Dealing: “Fair Dealing” allows a certain amount of copying for purposes of “research or private study”, generally taken to be limited to:
• one article from any one issue of a journal (even if that one article is the whole issue)
• one chapter or up to 5% (whichever is the greater) of a book or similar publication
• one poem or short story of up to 10 pages from an anthology
This is not the case if the purpose of the copying is a commercial one.
Fair dealing for “criticism or review” allows copying within a generally accepted limit of 400 words in one extract, or several extracts of less than 300 words totalling less than 800 words.
• Educational purposes: Copying is allowed for the purposes of examination, though the material must not be included if the exam papers are subsequently published.

In addition, the University subscribes to several Copyright Agencies, to extend its use of copyright protected material beyond the limits of Fair Dealing.

Copyright Licensing Agency

The CLA Licence combines permission for the University to make:
■ multiple photocopies of limited extracts from most copyright protected printed books, journals and magazines. One copy may be made for each student in a cohort.
AND / OR
■ Digital Copies of limited extracts from most copyright protected printed books, journals and magazines for distribution or delivery to cohorts of students enrolled on a Course of Study, via the Learning Network.
For each Digital Copy prepared and distributed, there are also specific obligations (i) to append a Copyright Notice and (ii) to record and report bibliographic and course based details to CLA. A form to record this information is available from the Reprographics Unit.

Source edition
Multiple photocopies / Digital Copies should be made from either:
■ an original of the 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).

A book, journal or magazine owned by the University can be acquired through purchase or through bequest, gift or exchange programmes.

In exceptional circumstances where:
■ we cannot acquire a book, journal or magazine on the retail market (or the 2nd hand market)
■ we cannot acquire a copyright fee paid copy of a chapter / article from the British Library
the University can make Paper and / or Digital Copies sourced from a personal copy owned by an academic or administrative member of staff.
Furthermore, provided that the UNIVERSITY does own an original of the book, journal or magazine (or a copyright fee paid copy) Paper and / or Digital Copies may, if necessary, be made from an alternative copy (e.g. a tutor owned copy or a ‘master’ photocopy obtained from another source) of the same item. This might apply where a library copy contains handwritten annotations, has been defaced or has had some pages removed.

Copyright fee paid copies
Copies supplied to the University by the British Library have the status of copyright cleared and can be used as a source for making multiple photocopies and / or Digital Copies under the CLA Licence.
The copyright fee paid source copy can be supplied to the University either in paper or in electronic form (for example, BLDSC’s secure electronic delivery service).

Inter library loans
Books, journal parts and magazines borrowed either from the British Library or from another library on inter library loan cannot be used as source editions for making Paper and / or Digital Copies under the terms of the Licence.

Quantity limits
The Licence permits Paper Copies / 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”).
These activities are permitted with a view to each student on a course of study (and the course tutors) being supplied with one copy each.

Course Packs
The terms of the licence allow the University to make paper based or electronic course packs for distribution to students enrolled on a course of study.

Artistic works
The licence permits the photocopying and / or scanning of pages in printed books, journals and magazines consisting either wholly of text, pages consisting wholly of images (e.g. illustrations, photographs and other works produced by visual creators) and of pages consisting of a combination of text and images, notwithstanding any credits / special acknowledgements / statement of copyright ownership often printed adjacent to an artistic work.

Substitution
The main purpose of the rights granted in the licence is to allow HEIs to make full use of their collection of printed books, journals and magazines in support of the processes of learning, teaching and academic research. In this context, the making of photocopies and Digital Copies is not intended to substitute for the purchase of an original published edition.

Photocopying
All the points in this section are specific to Photocopying Rights

Repertoire – what material can be photocopied?

The licence permits photocopying of extracts from most books, journals, periodicals, conference proceedings and law reports published:
■ in the United Kingdom – except those listed on the ‘List of Excluded Categories and Excluded Works’
■ in Argentina, Australia, Austria, Belgium, Canada (including Quebec), Denmark, Finland, France, Germany, Greece, Hong Kong,
Iceland, Jamaica, Luxembourg, the Netherlands, New Zealand, Norway, Republic of Ireland, Singapore, South Africa, Spain,
Sweden and Switzerland (as comprising the ‘List of Mandating Territories’)
■ in the United States with reference to those publishers who are included in the ‘List of Participating US Publishers’
What material is outside the scope of the licence?
Some material cannot be photocopied under the terms of the licence:
■ printed music (including the words)
for further details about obtaining permission to copy sheet music, please refer to the Music Publishers Association Code of
Fair Practice
■ maps, charts or books of tables
the Ordnance Survey has its own licensing scheme covering OS maps
■ public examination papers
examination boards handle applications for permission to copy exam papers
■ workbooks, workcards and assignment sheets
publications intended for the student to write on for ‘once-only’ use
■ privately owned documents
documents issued for tuition purposes and limited to clientele who pay fees
■ newspapers
The Newspaper Licensing Agency Limited (NLA) licenses copying from most newspapers published in the United Kingdom (www.nla.co.uk)    
■ industrial house journals
in house publications produced primarily for distribution to the employees of commercial businesses and public servants (e.g. sports & social club newsletters)
■ ‘copying not permitted’ publications
any work in which the copyright owner has expressly stipulated that “permission not granted for copying under licences issued by The Copyright Licensing Agency Ltd”
■ publications in the ‘List of Excluded Categories and Excluded Works’
all works listed in the publication named above -as regularly updated on the CLA website (www.cla.co.uk)
■ works published outside the ‘Mandating Territories’
the ‘Mandating Territories’ (listed above) consist of those countries with whom CLA – as the UK’s affiliate member of the
International Federation of Reproduction Rights Organisations (IFRRO) – has entered into reciprocal arrangements covering the
exchange of fees collected under the terms of collective licences. The List of Mandating Territories is published / regularly
updated on the CLA website. Titles published in a country not included in the List of Mandating Territories are not covered under
this licence
■ works published by non ‘Participating US Publishers’
titles published by publishers not participating in the joint agreement between CLA and the U.S. Copyright Clearance Center –
together with repertoire specifically excluded by some of the participating publishers (e.g. ‘all books’, ‘all journals’ or selected
books / selected journals) – cannot be copied under the licence
■ unpublished material
examples include theses, dissertations, assignments and ephemera such as Company Reports, retail supplier catalogues, in house
brochures and pamphlets etc


Extent Limits – how much can be photocopied?

The proportion of a book, journal or magazine that can be photocopied is restricted to whichever is the greater of:
up to 5% or one chapter of a book
up to 5% or one article of a journal issue
up to 5% or one paper of one set of conference proceedings
up to 5% or one report of a single case from a report of judicial 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

Who can make and receive photocopies?

■ registered students, contracted members of staff and visiting academics based in the United Kingdom can make and receive photocopies of extracts of licensed material
■ registered students and contracted members of staff based outside the United Kingdom can receive photocopies of extracts of licensed material
■ officers contracted by regulatory agencies such as the Quality Assurance Agency and the Research Assessment Exercise can receive photocopies of extracts of licensed material

Scanning

All the points in this section are specific to the Scanning Rights

Repertoire – what material can be scanned?

Printed books, journals and magazines published in the United Kingdom may be scanned, subject to not being listed in either:
■ the standard ‘List of Excluded Categories and Excluded Works’
(as published, and amended from time to time, on the CLA website) OR
■ the special list of ‘Works Excluded from Scanning under the HE Trial Licence’
(as published, and amended from time to time, on the CLA website)

Any titles published by a publisher listed in the ‘List of Participating US Publishers’ (including those titles specifically noted as outside the bilateral arrangements) are excluded from scanning under the terms of the Trial Licence.
Subject to the above, any other book, journal or magazine may be assumed to be published in the United Kingdom if the publisher’s details as printed on its title pages include a UK location and / or address.
A statement indicative of where an edition was printed is not relevant to the process of determining whether it is UK published.

Extent limits – how much can be scanned?

The proportion of a book, journal or magazine that may be scanned is restricted to whichever is the greater of:
up to 5% or one chapter of a book
up to 5% or one article of a journal issue
up to 5% or one paper of one set of conference proceedings
up to 5% or one report of a single case from a report of judicial 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

Integrity

A Digital Copy – whether rendered as an image file or as a text file - should be an authentic representation of the original printed page(s).
With the exception of the disembedding of a part page image (noted below), no alteration, manipulation or editing of the source text and / or images is allowed.

Images

The licence permits a Digital Copy to be prepared of a whole page visual image (e.g. a plate) and the disembedding of a part page visual image.
The Copyright Notice and Data Reporting requirements set out in the sections below apply to a Digital Copy – irrespective of whether it consists of a full or a part page artistic work.


E-Books and E-Journals

The licence does not authorise copying from a digital source (i.e. ‘native’ digital). The terms and conditions applying to the use of electronic books and electronic journals are set out either in direct agreements with publishers or with groups of publishers in accordance with ‘model’ licence agreements such as the National Electronic Site Licence Initiative (NESLI Agreement) for journal publications.

The NESLI model licence applies to our publisher packages from Oxford University Press, Cambridge University Press, Blackwells, Sage, Taylor and Francis Academic OneFile and Project Muse. The licence includes the following permission:

The University ‘may incorporate parts of the Licensed Material in printed and electronic course packs, study packs, resource lists and in any other material (including but not limited to multi-media works) to be used in the course of instruction and/or in virtual and managed environments (including but not limited to virtual learning environments, managed learning environments, virtual research environments and library environments) hosted on a Secure Network. Each item shall carry appropriate acknowledgement of the source, listing title and copyright owner. Course packs in non-electronic non-print perceptible form, such as Braille, may also be offered to Authorised Users.’

Our JSTOR subscription uses a different licence which includes the following paragraph:

‘You may establish links to facilitate access to Content by Authorized Users, as set forth in greater detail at http://makealink.jstor.org. Many researchers find links to be a helpful way to facilitate access to Content by a group of Authorized Users. In addition, JSTOR may be accessible from links within related or unrelated websites and resources. JSTOR shall not be liable for any loss, injury, claim, liability, or damages of any kind arising out of or in connection with such links. JSTOR may provide links to other websites for the benefit or convenience of its users. JSTOR makes no representation or warranty of any kind, express or implied, with respect to such websites, and the linking to such websites shall not constitute any kind of endorsement of such sites. You should direct any concerns regarding any outside link to its site administrator’


Digital version checking

The Licence permits scanning from a printed book or journal even if the item is also available in electronic form.
However, it is recognised that standard practice for preparing courseware will normally involve searching to see if an electronic journal article or an e-book chapter is either currently subscribed to or, alternatively, is available to buy.




Course Collections – how can Digital Copies be supplied?

Digital Copies should be distributed via course based collections on the Learning Network and access limited to Authorised Persons registered on that course.
In this framework, Digital Copies cannot be stored in “open” resources such as an Electronic Reserve or Digital Library where delivery across course boundaries is enabled.
However, the Course Collection framework does permit:
■ the same extract of a book, journal or magazine to be made simultaneously available to students on more than one discrete course of study
■ a Digital Copy of a different part of the same book, journal and magazine to be made available to students on another course of study

Who can create and add Digital Copies to a Course Collection?

Digital copies should be prepared by Reprographics, who will ensure the relevant copyright notice is attached, and the appropriate records kept.

Copyright Notice

All Digital Copies must contain in a prominent place a Copyright Notice that includes the form of words and the bibliographical / course information set out in Schedule 3 of the Licence Agreement. A form with this information included is available from Reprographics.

Who is entitled to access Digital Copies?

Digital Copies stored in Course Collections may be downloaded and printed out (once only) by the following Course Users:
■ 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 (e.g. an external examiner or a learning technologist)
However, all registered students and all contracted members of staff of the University may view any Digital Copy prepared under the terms of the Licence – browsing a set of course readings might be relevant, for example, to the process of a student selecting or transferring to another course of study or to a member of staff engaged in choosing required / recommended readings for a new module.

Online Reading Lists

Digital Copies can be cited in an online reading list organised by reference to a course of study but should not be indexed or listed in the general library catalogue.
Hyperlinks can be used to enable staff and students to browse a list of entries in an online reading list and link seamlessly from the citation to the Digital Copy.
However, the processes of browsing, hyperlinking and viewing a Digital Copy should not facilitate a Digital Copy being downloaded and printed out by anyone other than a Course member.



Internet

Digital Copies cannot, under any circumstances, be made available on the publicly accessible internet. However, remote networked access to Digital Copies stored on Course Collections can be enabled via the internet, provided that users need to log in via the Learning Network.



Newspaper Licensing Agency

The University has a licence from the NLA, which allows us to make photocopies from any of the national daily newspapers, which are specifically excluded from the CLA licence. The licence does not extend to the scanning of newspaper articles. However, the Library also subscribes to Newsbank, a full-text database of national and local newspapers.



Educational Recordings Agency

The ERA scheme permits recordings of broadcasts to be made for non-commercial educational use. A ’broadcast’ is defined as a transmission for simultaneous and lawful reception by members of the public i.e. it is not encrypted or encoded and is for general reception, unlike pay per view services. The ERA Licence therefore covers scheduled free to air broadcasts on:
• BBC television and radio
• ITV Network services (including ITV2 and ITV3)
• Channel Four, E4, More 4 and Film 4
• Five Television
• S4C
On demand and interactive services, i.e. where the viewer or listener actively chooses the viewing or listening time or content of individual programmes, are not considered to be broadcasts under the Act and are therefore not covered by the Licence.
Broadcast programme services delivered via the internet, where the provider or broadcaster offers a range of fixed viewing times for the viewer to select from, are not on-demand services and may be recorded. Non-scheduled internet transmissions are not broadcasts and are not covered by the Licence.
A separate scheme applies to Open University broadcasts.

Broadcasts by satellite companies can also be recorded for educational purposes, although the companies involved have yet to set up a licensing system whereby users can be charged.

Recordings made under our ERA licence can be copied. Recordings can be made either on University premises or on the tutor’s domestic equipment, and can be deposited in the Library.

Commercial audio and video recordings

There are no ‘fair-dealing’ or educational allowances for the copying of commercially produced audio or video recordings. Such recordings must not be copied. Indeed, most no have copy-protection software on them, which prevents copying.


Further information

Further information can be found at:
www.cla.co.uk, www.era.org.uk, www.nla.co.uk, www.nesli2.ac.uk