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News / awareness - information and updatesEduServ Copright Information web-site and film.Here is an excellent web site project EduServ Copyright Toolkit that includes an information film recently made available from EduServ and featuring Richard McCracken from The Open University Rights Department, who with a fellow digital rights management colleague, and a lecturer, enact the procedure and good practice to try and avoid the pitfalls and frustrations regarding copyright and clearance permissions and actions etc. It's a 38 min film but very real in its observations and operations - we thoroughly recommend it to lecturers click here to viewJISC Collections on-line interactive copyright activity.Hit the link to visit an on-line copyright information site regarding the basic 'can and cannot do's' within copyright affecting FE and HE instituitons. It's a 'quiz style' interactive site that will test your knowledge and advise at the same time - take a look via JISC Collections on-lineInformation regarding the University of Wolverhampton's operation under the CLA Scanning / Digitising Licence.Below is a brief overview of the licence and of the responsibilities and operations involved in the delivery of scanned items under the licence agreement, and the effect it will have on the University of Wolverhampton's use of 'third-party' copyright material (i.e. - material not owned by the lecturer/s and/or the University of Wolverhampton) and material covered by the licensing conditions.The material covered by this licence will be housed on a separate password accessed area of the University's server and access gained via Wolf (another option is Pebblepad - but check with Gary O'Dea first on access guidelines). The operation is a centralised one where requests from lecturers for the use of all 'third-party' digital material will be placed with School Academic Resource Librarians who then liaise with myself on the provision of the digital item/s requested. Any further personnel involved in the operation of this licence will be designated their responsibilities by Gary O'Dea - the University's Copyright and Digitisation Co-ordinator. Lecturers / staff / students will not be able to scan / load and use 'third party' material without the appropriate permissions being held by Gary and digitisation procedures followed. Requests will be assigned to categories - for example... Publications under licence - The Scanning Licence only covers UK Publishers and certain USA publishers that are not included on the CLA's 'Excluded Works' list. These can be copied via our scanning service. Please contact Gary O'Dea for information on licensing procedures to be followed regarding the provision of the requested item in a digital format and options regarding digitisation procedure. If the request is for a publication that falls outside of these permissions then the lecturer is notified of available options for permission and use applying to these requests (i.e. through a Copyright Clearance Centre in the country of origin / or through direct permission from the copyright owner). I need to have up to date records of all digitised items to maintain auditing records (spreadsheets etc) for the CLA. I also need designated control and regulation of the VLE system for security and licence operations. UK/USA Publications not in stock - options such as a Copyright Fee Paid Document Supply from the British Library can be used here, also we can contact the publisher direct and also try the CCC - Copyright Clearance Centre in the USA. Brief overview of CLA Scanning License permissions: The licence covers the scanning of material for teaching purposes only (scanning for personal use is not covered by this licence), to make items available to students enrolled on the course of study and staff (only students enrolled on the course of study will be allowed to download or print-off copies), via a password accessed (secure) VLE. Material covered by the Scanning Licence: Any books or journals from UK based publishers and certain USA based one's that are signed up to the Scanning agreement with the CLA. UK/USA based exceptions are listed on the CLA 'Excluded Works' list - please visit. If 'digital' versions of the required item are already available then these must be checked before any additional scanning is done. *As stated at the beginning of this e-mail, material where the copyright is owned by the lecturer / University and also 'third party' material that we have written permission to use from the copyright holder/s, can also be used, but I must have a record of its use and it has to be accompanied by a full reference record (for my records and visibly attached to the digitised item). How much can be scanned? The limits are the same as the photocopying licence permissions (i.e.) 5% or one chapter (whichever is the greater) from a book, 5% or one article (whichever is the greater) from a journal, 5% or one paper (whichever is the greater) from a set of conference proceedings, 5% of an anthology of short stories or poems - or one short story or one poem of not more than 10 pages (whichever is the greater), and 5% or one single case (whichever is the greater) of a published report of judicial proceedings. Access to the digitised items: The digitised item must be placed in a secure password accessed VLE for the Course of Study for which it was scanned (i.e. WOLF). Access is permitted by registered staff and students of the University only. Only students registered for the relevant course of study in which the item is stored and staff teaching the course may download and / or print off from the item. What records are needed? Each digitised item made available via the secure network VLE must include a visible Copyright Notice and full reference. Details will include the name of the Designated Person authorising the scanning / digitising, the Course of Study for which it is being used (Course code and name), the number of registered students on the course, the duration of the course (weeks), the ISBN or ISSN of book or journal, the name of the publisher, the title of the item copied, journal year or volume number, name of Author of chapter or article - or name of visual creator, page numbers digitised, the source of the item (i.e. - original owned by University / copyright BL fee paid copy etc), the reason for scanning (i.e. - the University does not own or subscribe to a digital copy), and in the case of artistic works - records will show whether the item is a full page artistic work / an artistic work with text or an artistic work that has been disembedded from surrounding text on the page. We also need the same details recorded on a spreadsheet for CLA auditing purposes and invoicing (this is one of the reasons for the centralising of the operational procedures via myself and 'designated personnel'). Can databases be created of licensed material? NO. Digital copies of material under the CLA Scanning Licence may not be stored, or systematically indexed with the intention of creating a database / electronic library etc. Once the registered use of the material via licensing records has passed (i.e. - one semester or two), the digitised item will have to be deleted from the course collection (unless the course is to be repeated - in which case its details would be submitted again). Before the course is taught again the collection will be checked to ensure that no material is available that is not required and recorded details submitted. Can anyone requiring further information regarding any of the above please contact me via replying by e-mail or telephone ext:3435. Here is a link to the CLA Licensing page where you can access the full documentation and details regarding the Scanning Licence. DigitisationHere is a brief info list on what digital options each licence we hold offers us.CLA – Copyright Licensing Agency – for photocopying + scanning/digitally formatting from books / journals etc, held under the CLA Licensing conditions (from Feb 2006). DACS – Designs and Artists Copyright Society – for slides (the licence we held is no longer operational at the moment - to transfer any images held under the old licence would need a direct request to DACS for clearance and the extra cost would be paid for by the requesting school). Pictures / images in books (e.g) The History of Art could be scanned under the CLA scanning licence (following licence procedures for the formatting and record keeping). ERA – Educational Recording Agency – for broadcast material (TV / Radio etc) – recorded for ‘educational’ purposes only. Analogue recordings made under licence may be transferred into digital formats for the ‘educational use’ of licensed establishments. Video recordings can be transferred to DVD / included in Powerpoint or placed on our server – but the licence states that they can only be accessed from ‘on-site terminals’ – not form home PCs and must carry a permissions/copyright statement. Check with our Copyright and Digitsation Co-ordinator for details. Open University – for the recording of Open University broadcasts. These can be digitally recorded onto DVD (up to 4 copies per item allowed). Top up licence permissions do allow for a recording to be placed on the University’s server – however, in order for this to happen each campus must hold an ‘on-line mainstreaming’ licence (we do not). Access to any Open University programmes would also be limited to campus only access from PCs on the licensed campus. Ordnance Survey – our standard OS Higher Education Licence only allows 10 by 200cm (squared) bitmap images to be used on the University web site. These can also be included in Wolf as long as the overall amount of OS images does not exceed 10. There is an option to upgrade to the Edina Digimap service within this but this is at an extra cost. NLA – Newspaper Licensing Agency. Our Comprehensive Licence licence does provide options for scanned clippings from NLA Licensed newspapers to be distributed via e-mail internally only. This option is licensed for our Marketing and Press Department only. There is an adminstration process to this that must be adhered to. Anyone wishing to take up this option can they please contact our Copyright and Digitisation Co-ordinator Gary O'Dea or call on Ext: 3435 - for further information. Direct Licenses – e.journals/ subscription journals we subscribe to / licence to. Some of these may allow digital re-formatting of material. License conditions need to be checked. Contact Gary O'Dea. (Copyright and Digitsation Co-ordinator) for further advice on any of the above. Using and Copying from Internet sourcesMaterial on the Internet is just as much subject to Copyright as material in any other format. The safest way to treat material published on the Internet is if it were in paper form. It is advisable to check for copyright statements on websites, and to seek clearance for any wider use of material. Check web site copyright declarations. If they forbid 'copying' then do not do it.The 'downloading and storing' of illegal material on the Universities computer network is strictly forbidden. For guidelines and 'good practice' advice on copying from the Internet, and scenarios depicting where 'Fair Dealing' could apply, please access the following Guidelines for 'FairDealing' in an Electronic Environment information. PLEASE NOTE: These are guidelines and not 'the law.' If you are creating your own web site and want to link to others, guidelines and 'good practice' is to seek permission from the other web site owners for the link. They may not (for example) wish their web page to be associated with yours if you are expressing or promoting views or ideals that they strongly disagree with. Make your link to their 'homepage' so that anyone accessing their material from your site, will be able to view any copyright declarations and information that they have on the conditions of use for their material. ILLEGAL COPYINGPlease Be Aware - there is a growing concern in Universities and HEI's around the country, in the use of 'pirate copies' of books / articles etc, that are being obtained from 'outside copying services'. Certain photocopying providers have been taken to court and prosecuted by 'Copywatch' - the compliance arm of the CLA.Students around the country have been targeted by these outlets, who sell their illegal copies onto them. Please make sure if you use any 'outside outlets' that they hold a CLA Print Shop Licence. The only one currently listed in Wolverhampton on the CLAs Printshop Licencees page is:- Osbourne Office Stationers Ltd 27 Market St Wolverhampton WV1 3AG Osbournes have other outlets in the Birmingham area. AGREED STATEMENT BETWEEN THE CLA & UUK/SCOP ON 'COPYING FOR COMMERCIAL PURPOSES'. "That the CLA will not seek evidence of copying which in its view might be outside the scope of the current Licensing Agreement because it has a commercial purpose. However, the CLA reserves the right to withdraw this undertaking if in its view progress on the negotiations is unsatisfactory, but in that event would give HEIs six months notice of any such withdrawal." UNIVERSITY RESEARCH PURPOSES STATEMENT The University of Wolverhampton issues the following statement and advice for staff and students regarding the purposes of research within the Institution. This is with regards to the changes to the Copyright Designs and Patents Act 1988 (replaced in October 2003 by the European Unions - Copyright and Related Rights Regulations), that involve the management of 'copyright material' in 'commercial / non-commercial' activities:- The primary purpose of research at the University of Wolverhampton is the advancement of knowledge, and therefore the use of copyright material in the pursuit of research is deemed to be 'non-commercial'. There are though, certain activities within the Institution where the use of 'copyright material' in future may fall within the understood definition of 'commercial activity', (for example) the development of patents and spin off companies. Operating under our present licensing agreements with licensing agencies (most notably the CLA (Copyright Licensing Agency) photocopying licence - current until 31st July 2006), and advice from UUK (Universities UK) and SCOP (Standing Conference of Principals) our staff and students shall operate as 'authorised users' until further notice. For the use of unpublished or unlicensed third party material in any research work please seek advice and assistance from our Copyright and Digitisation Co-ordinator Gary O'Dea or tel: 01902-323435. EU Directive - Changes To UK Copyright Law and Implementation - 31st Oct 2003Changes to The Copyright Designs & Patents Act 1988 were implemented and took effect from the 31/10/03, to comply with the European Unions Directive on Copyright and Related Rights in the Information Society. All changes made apply from this date. A full list of the ammendments can be obtained from visiting this Implementation of the Copyright Directive link.The new legislation is called The Copyright and Related Rights Regulations 2003 (Statutory Instrument 2003/2498). The new Act consists of a number of amendments to its provisions and to its 'exceptions to copyright'. The 'exceptions' enable individuals to make or obtain copies of extracts from copyright works for certain specific purposes, without having to obtain prior copyright clearance and/or permission of the copyright owner. Priority amendments that are relevant to University staff and students include the 'Libraries and Archives' exceptions and the 'Fair Dealing' exceptions that are now reduced and only allowed for 'non-commercial purposes', and the amended provision relating to reprographic copying by educational establishments (Section 36 of the Act). Libraries and Archives exception Amendments to this came in the form of a change in the declaration that now states that the 'copy' will only be used for a 'non commercial' purpose - or private study. Private Study is defined as 'that it does not include any study that is directly or indirectly for a commercial purpose.' This amendment will have (at least for the moment) little effect to our 'authorised users' (i.e. staff and students) photocopying from CLA licensed material. It will though, apply to 'walk in users / visitors' etc, who require a photocopy or copies for the purpose of 'research or private study' that is 'directly or indirectly' linked to a commercial purpose, and do not have prior explicit permission from the copyright owner/s. Also, if they request photocopies via the Learning Centres Inter Library Loan system, in support of research for a commercial purpose, they will have to request 'copyright fee-paid' photocopies through this service. 'Walk in Users / Visitors' can also use the availability of the CLA 'Sticker Scheme.' Please visit this link for information on the Sticker Scheme . Changes to the Fair Dealing exception. Any copying that is undertaken in support of commercial research, or private study that is directly or indirectly connected with a commercial purpose cannot be defended as 'Fair Dealing.' This action is likely to infringe copyright without the permission of the copyright owner, a fee paid permission or licence. As with the Libraries and Archives exception - this amendment (at the moment) does not apply to our staff and students, but does to our 'walk in users'. Section 36 (subsection 1) now states:- 'Reprographic copies of passages from published literary, dramatic or musical works may, to the extent permitted by this section, be made by or on behalf of an educational establishment for the purposes of instruction without infringing any copyright in the work, provided that they are accompanied by a sufficient acknowledgment and the instruction is for a non-commercial purpose.' There has been some confusion throughout HE establishments on whether the present CLA HE Licence covers our 'authorized users' (i.e. members of staff and students) for this Fair Dealing exception. The CLA have not been decisive on this. But the official line from our representatives via Universities UK and the Standard Conference of Principals (SCOP) - is that 'authorised users' are (at this present time) covered. I'll update with new information on this matter a.s.a.p. Please contact the University's Copyright and Digitsation Co-ordinator for advice in this area of copyright if it applies to individual staff/students concerns. The determination of 'commercial/non-commercial' purposes is dependant on the known character of the research on the day that the copy is requested. The UK Government has made it clear that the responsibility of 'declaring use' rests with the user making the request. Please do not expect Library/Print Services staff to make this decision for you. Examples of 'commercial' purposes include:- Research undertaken or contracted out by a commercial company in support of its commercial activivites. Searching for legislation and regulations for a commercial company. Research whose results will be passed to a commercial company for commercial use. Work done to assist in private medicine. Work done in drafting a book, a book chapter, or an article for a scholarly journal for which the author will be paid or receive royalties. Work done for a spin off company owned by the University or a charity, even if all profits are covenanted to the University or the charity. Work done in preparation for a conference speech for which the speaker will be paid, over and above expenses. As ever with copyright there are areas where the edges on informational guidelines 'blur' - so please seek advice on any individual circumstances that may occur. CLA Licence - Extent LimitsThe CLA Licence covers multiple copying only (so technically, where only one copy may be required, to avoid infringement, 2 copies should be made). The permission to photocopy for course packs is also included. A basic permission to photocopy extends to the copying (from paper on to paper) of the following:
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